Incwadi Yami; or, twenty years' personal experience in South AfricaMatthews, J. W. (Josiah Wright)
History
Incwadi Yami; or, twenty years' personal experience in South Africa
Matthews, J. W. (Josiah Wright)
Diamond mines and mining -- South Africa; South Africa -- Description and travel
CHAPTER XIV.
DIAMOND LEGISLATION.—RESUME OF SIR H. BARKLY’S PROCLAMATIONS.—EPITOME OF
THE ORDINANCES OF THE LEGISLATIVE COUNCIL OF GRIQUALAND WEST.—REVIEW OF
THE ACTS PASSED BY THE CAPE ASSEMBLY.—DESCRIPTION OF THE TRAPPING
SYSTEM.—ADOPTION OF THE “ONUS PROBANDI” CLAUSE BY THE ORANGE FREE
STATE.—THE SEARCHING DEPARTMENT.—THE COMPOUND SYSTEM.
When the diamond mines of Griqualand West, viz. Du Toit’s Pan,
Bulfontein, De Beer’s and Colesberg Kopje, (now the Kimberley mine), got
into full work, diamond diggers soon found out that they were being
robbed to an enormous extent. Unfortunately but too many white men were
to be found ready to receive the stolen diamonds from the thieves, who,
at all events in those days, were almost exclusively natives.[42] A
strange infatuation seems always to have possessed those engaged in the
pursuit of “the trade” as it is euphemistically termed, which even the
stringent penalty of a possible fifteen years’ hard labor, the
culmination of repeated legislation, does not seem to have sufficed to
overcome. The first attempt to put a stop to these robberies by
legislation was contained in a proclamation issued by Sir H. Barkly, on
May 30th, 1872, in which every unauthorized buyer or seller was made
liable to a fine not exceeding three times the value of the diamond or
diamonds so bought, and in default of payment to imprisonment with or
without hard labor for any period not exceeding two years.
Soon after, further precautionary measures were introduced, and the
traffic in diamonds between the hours of sunrise and sunset and on
Sundays was forbidden (_vide_ government notice No. 69, July 29th,
1872). On Aug. 10th of the same year, Sir Henry Barkly issued a further
proclamation, diamond stealing by natives and the purchase by
unprincipled white men having immensely increased, in fact having become
at this time even the curse of the Fields. By this proclamation, any
dealer in wines, spirits, or malt liquors was unable to hold a license
to trade in diamonds. This was amended on Sept. 17th, canteen-keepers
only being disqualified, and not wholesale dealers. There was a further
enactment that no person could be registered as the holder of a claim,
unless he produced a certificate from a magistrate or justice of the
peace certifying to his character; this, however, was always a mere
form, and was never refused. Provision was also made for the
registration of all servants, while power was given to any master,
without the assistance of a constable, or for any constable without a
warrant, to search the person, residence and property of any servant
within two hours of the time he left the claim or sorting table; but on
Sept. 17th this proviso was amended, and it was made lawful for a master
to search his servant at any time whatever. If diamonds were found upon
him, it was presumed that they were his master’s, and the punishment to
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