Читать книгу South Africa and the Transvaal War (Vol. 1-8) - Louis Creswicke - Страница 10
THE GRONDWET
ОглавлениеTo thoroughly grasp the methods of the New South African Republic, it may be interesting to study some of "the Articles" of a Grondwet or Constitution, which superseded those originally adopted by the Potchefstroom Raad. The Grondwet was started in 1857, and was framed entirely to suit the then condition of the Boer community. The ordinary idea of a written constitution was at that time unknown, and the meaning of such words as "rigid" or "elastic" was, of course, beyond their comprehension. These only developed a significance when the judicial crisis of 1897 put a fresh face on Republican affairs.
Article 4 states that "the people desire no extension of territory, except only on principles of justice, whenever the interests of the Republic render it advisable."
Article 6.—"Its territory is open to every stranger who submits himself to the laws of the Republic; all persons who happen to be within the territory of this Republic have equal claim to protection of person and property."
Article 8.—"The people claim as much social freedom as possible (de meest mogelyke maatschappelyke vryheid), and expect to attain it by upholding their religion, fulfilling their obligations, submitting to law, order, and justice, and maintaining the same. The people permit the spread of the Gospel among the heathen, subject to prescribed provisions against the practice of fraud and deception."
Article 9.—"The people will not allow of any equality between coloured and white inhabitants, either in Church or in State."
Article 10.—"The people will not brook any dealing in slaves or slavery in this Republic (will geen slavenhandel, noch slaverny in deze Republick dulden)."
Before passing on to other sections, Article 10 calls for attention. In spite of its terms, the Boers of that period had a practice which might be described as sailing very near the wind. The "apprenticeship" of children taken prisoners in the native wars was uncommonly like slave-owning. They were called "orphans"—sometimes they had been made orphans by the conquerors—and they were then "apprenticed" to the Boer farmers till grown up. Though opinions differ on this point, it has been asserted by those who know that there was a curious system of "transfer" connected with these so-called apprentices, and that even when grown they seldom gained their liberty save by escape.
Further articles entrust legislation to a Volksraad chosen by vote of the burghers, providing at the same time that the people shall be allowed three months' grace for intimating to the Raad their views on any prospective law, "those laws, however, which admit of no delay excepted." Others constitute an Executive Council, "which shall also recommend to the Raad all officers for the public service"; others refer to the liberty of the press; restrict membership of the Volksraad to members of the Dutch Reformed Congregations; state that "the people do not desire to allow amongst them any Roman Catholic Churches, nor any other Protestant Churches except those in which such tenets of the Christian belief are taught as are prescribed in the Heidelberg Catechism"; and give the Volksraad the power of making treaties, save in time of war or of imminent danger.
The members of the Raad were to be twelve in number at least, and were to be between the ages of thirty and sixty. They must be burghers of the Dutch Reformed Church, residents, and owners of landed property in the Republic; no native nor bastard was to be admitted to the Raad. At the age of twenty-one every burgher, provided he belonged to the Dutch Reformed Church, was entitled to the franchise. The election of the President to a five years' term of office was in the hands of the burghers, and in this office he was to be supported by an Executive Council consisting of the Commandant-General, two burghers qualified to vote, and a Secretary. All the able-bodied men of the Republic, and if necessary natives, were liable to military service.
No sooner was the Grondwet arranged than Marthinus Wessels Pretorius, the son of the chief Andries Pretorius—who died in 1853—was elected President of the South African Republic. The next few years were spent in internal dissension, consequent on the ambition of the President and the jealousy of his political rivals. Finally Lydenburg, which had struggled to proclaim itself an independent Republic, yielded, and affairs relating to the government of the country seemed to be mending. Still there were always Messrs. Kruger and Schoeman, two adventurous politicians, who kept things lively in the councils of the State. On the retirement of Pretorius from the Free State Presidency in 1864, and his re-election to that of the South African Republic, Mr. Kruger was appointed Commandant-General, and for the time being his ambitious longings were appeased.
At that period the white population consisted of merely about thirty thousand all told. The native community almost trebled the Dutch. Mr. Bryce, in his "Impressions on South Africa," describes the then state of the affairs of the Republic as anything but satisfactory: "There were hundreds of thousands of natives, a few of whom were living as servants under a system of enforced labour which was sometimes hardly distinguishable from slavery, while the vast majority were ruled by their own chiefs, some as tributaries of the Republic, some practically independent of it. With the latter wars were frequently raging—wars in which shocking cruelties were perpetrated on both sides, the Kaffirs massacring the white families whom they surprised, the Boer commandos taking a savage vengeance upon the tribes when they captured a kraal or mountain stronghold. It was the sight of these wars which drove Dr. Livingstone to begin his famous explorations to the north. The farmers were too few to reduce the natives to submission, though always able to defeat them in the field, and, while they relished an expedition, they had an invincible dislike to any protracted operations which cost money. Taxes they would not pay. They lived in a sort of rude plenty among their sheep and cattle, but they had hardly any coined money, conducting their transactions by barter, and they were too rude to value the benefits which government secures to a civilised people."