The peace negotiations between the governments of the South African Republic and the Orange Free State, and the representatives of the British government, which terminated in the peace concluded at Vereeniging on the 31st May, 1902Kestell, J. D. (John Daniel)
History
The peace negotiations between the governments of the South African Republic and the Orange Free State, and the representatives of the British government, which terminated in the peace concluded at Vereeniging on the 31st May, 1902
Kestell, J. D. (John Daniel)
South Africa -- History; South African War, 1899-1902
Lord KITCHENER: I do not think it quite necessary to embody this
proposal in the document. It concerns a very complicated legal
question, as to what the rights of creditors and debtors will be, and
what the law in the Transvaal precisely is on this subject. I think
that everyone may feel assured that the interests of the Boers will be
protected equally well by the Government in every possible way,
whether this point is actually stipulated or whether it is left over
to the Government with the recommendation of this Commission to take
the matter into serious consideration. I think that my suggestion is a
better way of dealing with such a complicated question. Let the
attention of the Government rather be drawn to it. I may be wrong, but
as far as I know this will be an intricate question for lawyers, and
it would take a long time to state it clearly. It is the desire of us
all that you should go to the meeting of your delegates so equipped
that you will be able to come to a decision; and I would therefore
suggest that you be satisfied that the matter has been brought before
us, and entered on the minutes of the meeting. That is, I believe, as
far as it is necessary for you to go. The matter can then be taken
into serious consideration, not only here, but also in England. And
you can be perfectly assured that your interests will be considered in
every possible way.
General DE LA REY: I think that the matter has been sufficiently
brought to the notice of Your Excellencies, and that it need not be
embodied in the draft contract, because by doing so one might possibly
be infringing on legal principles.
Chief Commandant DE WET: I proceed from this standpoint: There are two
parties, and the one ceases entirely to exist, and it is thus natural
that that party cannot allow such a vital question to pass by
unobserved. And therefore I cannot approve of it that the matter be
not inserted in the draft contract. It will not be necessary to bind
the Military Government that exists at present and will continue to
exist after the war.
Lord KITCHENER: But this question will have to be dealt with by the
civil Government. It is a matter for lawyers, and will have to be
submitted to them and demand much consideration.
General BOTHA: If hostilities are terminated now a burgher can be sued
for debt incurred before the war. I prefer this request, because our
law lays down that no burgher can be sued until sixty days after the
conclusion of peace.
Lord KITCHENER: You may rest fully assured that when the war is over
every burgher will have the absolute right to have his position taken
into consideration on all points, and that his interests will be
protected by the Government just as much, I believe, under the new as
under the old _regime_.
Public-domain text, read in full here on John Shaqi.
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