The first question of importance that came before the Commission was the mode of trial to be adopted in the cases of those persons accused of acts contrary to the usages of civilised warfare, such as murder. The Attorney-General for the Transvaal strongly advised that a special tribunal should be constituted to try these cases, principally because "after a civil war in which all the inhabitants of a country, with very few exceptions, have taken part, a jury of fair and impartial men, truly unbiassed, will be very difficult to get together." It is satisfactory to know that the Commissioners gave this somewhat obvious fact "their grave consideration," which, according to their Report, resulted in their determining to let the cases go before the ordinary court, and be tried by a jury, because in referring them to a specially constituted court which would have done equal justice without fear or favour, "the British Government would have made for itself, among the Dutch population of South Africa, a name for vindictive oppression, which no generosity in other affairs could efface." There is more in this determination of the Commissioners, or rather of the majority of them--for Sir E. Wood, to his credit be it said, refused to agree in their decision--than meets the eye, the fact of the matter being that it was privately well known to them, that though the Boer leaders might be willing to allow a few of the murderers to undergo the form of a trial, neither they nor the Boers themselves meant to permit the farce to go any further. Had the men been tried by a special tribunal they would in all probability have been condemned to death, and then would have come the awkward question of carrying out the sentence on individuals whose deeds were looked on, if not with general approval, at any rate without aversion by the great mass of their countrymen. In short, it would probably have become necessary either to reprieve them or to fight the Boers again, since it was very certain that they would not have allowed them to be hung. Therefore the majority of the Commissioners, finding themselves face to face with a dead wall, determined to slip round it instead of boldly climbing it, by referring the cases to the Transvaal High Court, cheerfully confident of what the result must be.