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CHAPTER IV

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UNDER WHICH FLAG?

The Uitlanders' petition.

Upon his return Lord Milner found that the storm clouds had gathered in the Transvaal. In a despatch of January 13th, 1899, Mr. Chamberlain had informed the Pretoria Executive that the proposed extension of the dynamite contract in its new form (i.e. as, in effect, a "privileged importation by one firm," although nominally "a State undertaking") was held by the law officers of the Crown to be as much a violation of the Convention as the original monopoly, which had been cancelled on the representations of the Imperial Government in 1892. Mr. Reitz's reply, which Lord Milner transmitted to the Colonial Office not long after his arrival at Capetown, was a blunt assertion that, in the opinion of his Government, the Imperial Government had no right to interfere. But in the meantime the whole question of the position of the British residents in the Transvaal had been raised directly by the agitation which had arisen out of the shooting of Edgar at Johannesburg on December 18th, 1898.[50] This event was followed by the petition for protection, which Sir William Butler (who was General-in-Command, and during Lord Milner's absence Acting High Commissioner) refused to transmit to the Secretary of State (January 4th, 1899); by the arrest of Messrs. Webb and Dodd and the breaking up of the Amphitheatre meeting (January 14th); by the attempt of the Pretoria Executive to buy off the capitalists (February 27th-April 14th); by the presentation of the second petition to the Queen (March 24th); by the agitation on the Rand in favour of the reforms for which it prayed; and lastly by the public meetings held in the Cape Colony and Natal for, and against, the intervention of the Imperial Government.[51]

Within three months of his return Lord Milner cabled the masterly statement in which he endorsed the petition of the Uitlanders[52] with the memorable words: "The case for intervention is overwhelming." Like the Graaf Reinet speech, this despatch of May 4th was written at white heat, but the opinions which it expressed were in no less a degree the mature and measured judgments of a mind fully informed upon every detail germane to the issue. So much is this the fact that all that is essential for the full comprehension of the second Reform Movement at Johannesburg—the salient features of which have been outlined above—is to be found within the limits of this brief and notable State document:

The intervention despatch.

"Having regard to the critical character of the South African situation and the likelihood of an early reply by Her Majesty's Government to the Petition, I am telegraphing remarks which under ordinary circumstances I should have made by despatch. Events of importance have followed so fast on each other since my return to South Africa, and my time has been so occupied in dealing with each incident severally, that I have had no time for reviewing the whole position.

"The present crisis undoubtedly arises out of the Edgar incident. But that incident merely precipitated a struggle which was certain to come. It is possible to make too much of the killing of Edgar. It was a shocking and, in my judgment, a criminal blunder, such as would have caused a popular outcry anywhere. It was made much worse by the light way in which it was first dealt with by the Public Prosecutor and then by the judge at the trial. By itself, however, it would not have justified, nor, in fact, provoked the present storm. But it happened to touch a particularly sore place. There is no grievance which rankles more in the breasts of the Uitlander population than the conduct of the police, who, while they have proved singularly incompetent to deal with gross scandals like the illicit liquor trade, are harsh and arbitrary in their treatment of individuals whom they happen to dislike, as must have become evident to you from the recurrent ill-treatment of coloured people. There are absolutely no grounds for supposing that the excitement which the death of Edgar caused was factitious. It has been laid to the door of the South African League, but the officials of the League were forced into action by Edgar's fellow-workmen. And, the consideration of grievances once started by the police grievance, it was inevitable that the smouldering but profound discontent of the population who constantly find their affairs mismanaged, their protests disregarded, and their attitude misunderstood, by a Government on which they have absolutely no means of exercising any influence, should once more break into flame.

"We have, therefore, simply to deal with a popular movement of a similar kind to that of 1894 and 1895 before it was perverted and ruined by a conspiracy of which the great body of the Uitlanders were totally innocent. None of the grievances then complained of, and which then excited universal sympathy, have been remedied, and others have been added. The case is much stronger. It is impossible to overlook the tremendous change for the worse, which has been effected by the lowering of the status of the High Court of Judicature and by the establishment of the principle embodied in the new draft Grondwet that any resolution of the Volksraad is equivalent to a law. The instability of the laws has always been one of the most serious grievances. The new Constitution provides for their permanent instability, the judges being bound by their oath to accept every Volksraad resolution as equally binding with a law passed in the regular form, and with the provisions of the Constitution itself. The law prescribing this oath is one of which the present Chief Justice said that no self-respecting man could sit on the Bench while it was on the Statute Book. Formerly the foreign population, however bitterly they might resent the action of the Legislature and of the Administration, had yet confidence in the High Court of Judicature. It cannot be expected that they should feel the same confidence to-day. Seeing no hope in any other quarter, a number of Uitlanders who happen to be British subjects have addressed a petition to Her Majesty the Queen. I have already expressed my opinion of its substantial genuineness The movement not artificial. and the absolute bona fides of its promoters. But the petition is only one proof among many of the profound discontent of the unenfranchised population, who are a great majority of the white inhabitants of the State."

"The public meeting of the 14th January was indeed broken up by workmen, many of them poor burghers, in the employment of the Government and instigated by Government officials, and it is impossible at present to hold another meeting of a great size. Open-air meetings are prohibited by law, and by one means or another all large public buildings have been rendered unavailable. But smaller meetings are being held almost nightly along the Rand, and are unanimous in their demand for enfranchisement. The movement is steadily growing in force and extent.

"With regard to the attempt to represent that movement as artificial, the work of scheming capitalists or professional agitators, I regard it as a wilful perversion of the truth. The defenceless people who are clamouring for a redress of grievances are doing so at great personal risk. It is notorious that many capitalists regard political agitation with disfavour because of its effect on the markets. It is equally notorious that the lowest class of Uitlanders, and especially the illicit liquor dealers, have no sympathy whatever with the cause of reform. Moreover, there are in all classes a considerable number who only want to make money and clear out, and who, while possibly sympathising with reform, feel no great interest in a matter which may only concern them temporarily. But a very large and constantly increasing proportion of the Uitlanders are not birds of passage; they contemplate a long residence in the country, or to make it their permanent home. These people are the mainstay of the reform movement as they are of the prosperity of the country. They would make excellent citizens if they had the chance.

"A busy industrial community is not naturally prone to political unrest. But they bear the chief burden of taxation; they constantly feel in their business and daily lives the effects of chaotic local legislation and of incompetent and unsympathetic administration; they have many grievances, but they believe all these could gradually be removed if they had only a fair share of political power. This is the meaning of their vehement demand for enfranchisement. Moreover, they are mostly British subjects, accustomed to a free system and equal rights; they feel deeply the personal indignity involved in a position of permanent subjection to the ruling caste, which owes its wealth and power to their exertion. The political turmoil in the Transvaal Republic will never end till the permanent Uitlander population is admitted to a share in the government, and while that turmoil lasts there will be no tranquillity or adequate progress in Her Majesty's South African dominions.

"The relations between the British Colonies and the two Republics are intimate to a degree which one must live in South Africa in order fully to realise. Socially, economically, ethnologically, they are all one country. The two principal white races are everywhere inextricably mixed up; it is absurd for either to dream of subjugating the other. The only condition on which they can live in harmony, and the country progress, is equality all round. South Africa can prosper under two, three, or six Governments; but not under two absolutely conflicting social and political systems—perfect equality for Dutch and British in the British Colonies side by side with the permanent subjection of the British to the Dutch in one of the Republics. It is idle to talk of peace and unity under such a state of affairs.

"It is this which makes the internal condition of the Transvaal Republic a matter of vital interest to Her Majesty's Government. No merely local question affects so deeply the welfare and peace of her own South African possessions. And the right of Great Britain to intervene to secure fair treatment to the Uitlanders is fully equal to her supreme interest in securing it. The majority of them are her subjects, whom she is bound to protect. But the enormous number of British subjects, the endless series of their grievances, and the nature of those grievances, which are not less serious because they are not individually sensational, makes protection by the ordinary diplomatic means impossible. We are, as you know, for ever remonstrating about this, that, and the other injury to British subjects. Only in rare cases, and only when we are very emphatic, do we obtain any redress. The sore between us and the Transvaal Republic is thus inevitably kept up, while the result in the way of protection to our subjects is lamentably small. For these reasons it has been, as you know, my constant endeavour to reduce the number of our complaints. I may sometimes have abstained when I ought to have protested from my great dislike of ineffectual nagging. But I feel that the attempt to remedy the hundred-and-one wrongs springing from a hopeless system by taking up isolated cases, is perfectly vain. It may easily lead to war, but will never lead to real improvement."

Enfranchisement the remedy.

"The true remedy is to strike at the root of all these injuries—the political impotence of the injured. What diplomatic protests will never accomplish, a fair measure of Uitlander representation would gradually but surely bring about. It seems a paradox, but it is true, that the only effective way of protecting our subjects is to help them to cease to be our subjects. The admission of the Uitlanders to a fair share of political power would no doubt give stability to the Republic. But it would, at the same time, remove most of our causes of difference with it, and modify and, in the long run, entirely remove that intense suspicion and bitter hostility to Great Britain which at present dominates its internal and external policy.

"The case for intervention is overwhelming. The only attempted answer is that things will right themselves if left alone. But, in fact, the policy of leaving things alone has been tried for years, and it has led to their going from bad to worse. It is not true that this is owing to the Raid. They were going from bad to worse before the Raid. We were on the verge of war before the Raid, and the Transvaal was on the verge of revolution. The effect of the Raid has been to give the policy of leaving things alone a new lease of life, and with the old consequences.

"The spectacle of thousands of British subjects kept permanently in the position of helots, constantly chafing under undoubted grievances, and calling vainly to Her Majesty's Government for redress, does steadily undermine the influence and reputation of Great Britain, and the respect for the British Government within the Queen's dominions. A certain section of the Press, not in the Transvaal only, preaches openly and constantly the doctrine of a republic embracing all South Africa, and supports it by menacing references to the armaments of the Transvaal, its alliance with the Orange Free State, and the active sympathy which, in case of war, it would receive from a section of Her Majesty's subjects. I regret to say that this doctrine, supported as it is by a ceaseless stream of malignant lies about the intentions of the British Government, is producing a great effect upon a large number of our Dutch fellow-colonists. Language is frequently used which seems to imply that the Dutch have some superior right, even in this Colony, to their fellow-citizens of British birth. Thousands of men peacefully disposed, and, if left alone, perfectly satisfied with their position as British subjects, are being drawn into disaffection, and there is a corresponding exasperation on the side of the British.

"I can see nothing which will put a stop to this mischievous propaganda but some striking proof of the intention of Her Majesty's Government not to be ousted from its position in South Africa. And the best proof alike of its power and its justice would be to obtain for the Uitlanders in the Transvaal a fair share in the government of the country which owes everything to their exertions. It could be made perfectly clear that our action was not directed against the existence of the Republic. We should only be demanding the re-establishment of rights which now exist in the Orange Free State, and which existed in the Transvaal itself at the time of, and long after, the withdrawal of British sovereignty. It would be no selfish demand, as other Uitlanders besides those of British birth would benefit by it. It is asking for nothing from others which we do not give ourselves. And it would certainly go to the root of the political unrest in South Africa, and, though temporarily it might aggravate, it would ultimately extinguish the race feud, which is the great bane of the country."[53]

It was Lord Milner's intention that the text of this despatch should have been made public upon its receipt in England. It contained the essential facts of the South African situation; and, what is more, it exhibited with perfect frankness the connection between Dutch ascendancy in the Cape Colony and Dutch tyranny in the Transvaal—a matter which was very imperfectly understood. The circumstance that these essential facts were before the British people, and, moreover, the circumstance that President Krüger knew that they were before the British people, would, he believed, greatly increase the effect of the strong demand for reforms which the Imperial Government had determined to address to the Pretoria Executive in response to the petition to the Queen.

Hofmeyr's intervention.

Nor was he alone in this opinion. Mr. Hofmeyr knew that a despatch of grave importance had gone home. He had gathered, no doubt, a fairly accurate notion of its tenor from Mr. Schreiner, whom Lord Milner had warned some time before of "the gravity of the situation."[54] It is not going beyond the limits of probability to assume that the Master of the Bond realised the effect which the publication of these plain truths, backed by the authority of the High Commissioner, would produce upon the mind of the English people, and that he thereupon determined to take steps to prevent a turn of affairs which, as he conceived, would be most unfavourable to the nationalist cause. Surmises apart, it is certain, at least, that five days sufficed to place Mr. Hofmeyr in a position to ask Lord Milner if he would favourably consider an invitation to meet President Krüger in conference at Bloemfontein; and that within three days more (May 12th) a definite proposal to this effect had been made through the agency of President Steyn and accepted by Mr. Chamberlain. Nor, is it any less certain that, in view of the friendly discussion which was to take place so soon, the Secretary of State decided to postpone the publication of Lord Milner's despatch. This is the short history of the Bloemfontein Conference. It was a counter-stroke dealt by one of those "formidable personalities" of which Mr. Asquith spoke, and in all respects worthy of Mr. Hofmeyr's statesmanship. Indeed, the methods which he employed for paralysing the machinery of British administration in South Africa were always subtle: infinitely more subtle than those which Parnell adopted in the not very dissimilar circumstances of the Home Rule campaign.

The decision to postpone the publication of Lord Milner's despatch of May 4th was a serious mistake, the injurious effect of which was felt both at the Conference and afterwards. But before we observe the incidents by which this central event was immediately preceded, it is necessary to examine more fully the political environment in which Lord Milner found himself established now that the April elections[55] had given the Afrikander party an assured tenure of power, and, at the same time, the moment had arrived for the Imperial Government to fulfil the pledge given on February 4th, 1896, for the redress of the "admitted grievances" of the Uitlanders.

The Bond and the ministry.

The Schreiner Ministry was the agent of the Bond; it could not exist for a day if the Bond withdrew its support. The Bond majority in the Legislative Assembly had been returned by the Dutch inhabitants of the Colony for the avowed purpose of preventing the intervention of the Imperial Government in the affairs of the Transvaal. The Ministry and its supporters had begun by ranging themselves definitely on the side of the Transvaal. And, therefore, in all that was done by either party from the Bloemfontein Conference to the Ultimatum, it followed, ex hypothesi, that, in their opinion, the Transvaal was right, and England was wrong. Twice, as we shall see, Mr. Schreiner, on behalf of the Cape Ministry, hastened to declare publicly that the proposals of the Transvaal were all that was satisfactory, before he even knew what those proposals were. The Cape nationalists represented themselves as "mediators." They had as little intention of mediating between the Pretoria Executive and the British Government as a barrister, heavily feed and primed with his client's case, has of mediating between his client and his client's opponent at the hearing of a case in court.

But the Bond was "loyal." The Bond members of the Cabinet—T. Nicholas German Te Water, and Albertus Johannes Herholdt, no less than William Philip Schreiner, John Xavier Merriman, Jacobus Wilhelmus Sauer, and Richard Solomon—had sworn, upon taking office, "to be faithful and bear true allegiance to Her Majesty."

The Schreiner ministry.

The situation in which Lord Milner now found himself was thus one of so extraordinary a character that it would be difficult to find a parallel to it in the annals of our colonial administration. As High Commissioner, he had advocated in the most emphatic terms the exercise of the authority of Great Britain, as paramount Power, in the Transvaal. As Governor of the Cape Colony, he was bound to administer the affairs of the Colony in accordance with the advice tendered by his ministers. And the advice which ministers were pledged to give him was the direct opposite of that which he himself, as High Commissioner, had given to the Imperial Government. To dismiss his ministers—the alternative to accepting this advice—would have been an extreme measure, to be justified only upon clear evidence that they had failed in the duty which they, no less than he himself, owed to the Crown. Whether Mr. Schreiner's Cabinet did so fail is a matter that the reader must determine for himself; possibly it would be difficult to show that, collectively or individually, the Cape ministers did anything more injurious to British interests than was done by the Liberal Opposition—again collectively or individually—in England. One thing is certain: the action of the Afrikander Cabinet, whether within or beyond the letter of its allegiance, lessened—and was intended to lessen—the force of an effort on the part of the Imperial Government, which might otherwise have averted the necessity for war.

And here certain questions which will arise inevitably to the mind that pursues the narrative of the next few months, must be anticipated. What was the position of Mr. Schreiner? What was his real standpoint, and what was his relationship to Lord Milner? How was it that two Englishmen, Mr. Merriman and Sir (then Mr.) Richard Solomon, came to be in this Afrikander Cabinet, and what were their respective motives in thus associating themselves with the objects of the Bond?

The prime minister.

Mr. Philip Schreiner was the son of a German by birth, a missionary of the London Missionary Society, who had married an Englishwoman, and afterwards settled in the Orange Free State. He had himself married a sister of Mr. F. W. Reitz, formerly President of the Free State, and now State Secretary of the South African Republic. The Schreiner family was remarkable for intellectual power. Of his sisters one is the authoress of The Story of an African Farm, and a second, Mrs. Lewis, like her brother Theophilus, was an active Imperialist and a determined opponent of the Bond. Mr. Schreiner himself was educated at the South African College at Capetown, and subsequently at Cambridge, where he was placed first in the First Class of the Law Tripos, and afterwards elected a Fellow of Downing. After a successful career at the Cape Bar he was appointed Attorney-General in Mr. Rhodes's Ministry, a position which he held at the time of the Raid. He was prevented by his strong disapproval of the part then played by Mr. Rhodes from joining the Progressive party; and, having accepted the position of Parliamentary leader of the Bond, he had become, as we have seen, Prime Minister through the Bond victory in the Cape General Election of 1898. It is characteristic alike of Mr. Schreiner and of his political position that the only word of sympathy with the British connection, uttered from first to last during this election by the Bond candidates or their supporters, was the conventional reference to the greatness of the British Empire which, as we have noticed, occurred in his address to the electors of Malmesbury. With these political and social ties, Mr. Schreiner was compelled to be a South African first and a British subject second. His is precisely the kind of case where true allegiance can be expected only when a federal constitution has been created for the Empire.

"See," said Lord Milner, in his farewell speech at Johannesburg, "how such a consummation would solve, and, indeed, can alone solve, the most difficult and most persistent of the problems of South Africa; how it would unite its white races as nothing else can. The Dutch can never own a perfect allegiance merely to Great Britain. The British can never, without moral injury, accept allegiance to any body politic which excludes their motherland. But British and Dutch alike could, without loss of integrity, without any sacrifice of their several traditions, unite in loyal devotion to an empire-state, in which Great Britain and South Africa would be partners, and could work cordially together for the good of South Africa as a member of that greater whole."[56]

With Schreiner, and such as he, loyalty to the Crown was for the moment the product of intellectual judgment or considerations of policy. All, or almost all, the instinctive feelings, born of pleasant associations with persons and places, which enter so largely into the sentiment of patriotism seem to have drawn him, as they drew his sister, Mrs. Cronwright-Schreiner, into sympathy with the cause of Afrikander nationalism. What his view was upon the particular issue now agitating South Africa may be gathered from an answer which he gave to a question put to him by Mr. Chamberlain in the course of the inquiry into the Raid (1897):

Lord Milner's Work in South Africa

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