His Majesty's Government must place it on record that the treatment of Cape and Natal colonists who have been in rebellion and who now surrender will be determined, if they return to their colonies, by the Colonial Governments and in accordance with the laws of the colonies, and that any other British subjects who have joined the enemy will be liable to trial under the law of that part of the British Empire to which they belong. The Cape Government have informed his Majesty's Government that the following are their views as to the terms which should be granted to British subjects of Cape Colony who are now in the field, or have surrendered, or have been captured since the 12th April 1901:-- "With regard to rank and file, Ministers advise that upon surrender they shall all, after giving up their arms, sign a document before Resident Magistrate of district in which surrender takes place acknowledging themselves guilty of high treason, and that the punishment to be awarded to them, provided they shall not have been guilty of murder or other acts contrary to usages of civilised warfare, shall be that they shall not be entitled for life to be registered as voters or to vote at any Parliamentary, Divisional Council, or Municipal election. Legislation will be required to give effect to this recommendation. With regard to Justices of the Peace and Field-Cornets of Cape Colony and all other persons holding an official position under Government of Cape Colony, or who may occupy post of commandant of rebel or Burgher forces, Ministers advise that they shall be tried for high treason before the ordinary tribunal of country or such special court as may be hereafter constituted by law, the punishments for their offence to be left to the discretion of court, with this proviso, that in no case shall penalty of death be inflicted." The Natal Government are of opinion that rebels should be dealt with according to the law of the colony. FROM MR. CHAMBERLAIN TO LORD MILNER. COLONIAL OFFICE, _26th May 1902_, 6.50 P.M. Have any promises been made to Boers by you with regard to the leaders liable to banishment under the proclamation of 7th August, some of whom have been specially named in notices issued subsequently? This proclamation, you will recollect, was the result of a strong representation from Lord Kitchener, and supported by minute of Natal Government of 25th July. The exact terms were finally settled by you. If you now think that this proclamation should be disregarded I have no objection to make. FROM LORD MILNER TO MR. CHAMBERLAIN. (Received Colonial Office 3.30 P.M., _27th May 1902_.)