The Transvaal from Within: A Private Record of Public AffairsFitzpatrick, Percy
History
The Transvaal from Within: A Private Record of Public Affairs
Fitzpatrick, Percy
Jameson's Raid, 1895-1896; Transvaal (South Africa) -- Politics and government -- 1880-1910
In the meantime the negotiations concerning Dr. Jameson were dragging
on. After securing the disarmament of Johannesburg and getting rid of
the troublesome question of the disposal of Jameson, and after
refusing for several days (to quote the gist of the High
Commissioner's telegram, Blue Book No. 125 [C-7933]) to allow the
necessary arrangements for the deportation of the men to be made, Mr.
Kruger suddenly called upon the High Commissioner to have them
removed at once, intimating at the same time that it was the decision
of the Executive that all the prisoners, except the Transvaal and
Free State subjects, whom he would retain, should be sent to England
to be tried according to English law. It was pointed out that it was
only contemplated to send the officers for trial. To this Mr. Kruger
replied: 'In such case the whole question must be reconsidered.'
The High Commissioner at once telegraphed for the decision of Her
Majesty's Government, stating that it was the opinion of Sir Jacobus
de Wet and Sir Graham Bower, who had represented him at the interview
with the Transvaal Government, that, if the whole lot were not sent
home to be dealt with according to English law, they would be tried
in Pretoria, with a result which he feared would be deplorable. To
this Mr. Chamberlain replied:
Astonished that Council should hesitate to fulfil the engagement
which we understood was made by President with you, and confirmed by
the Queen, on the faith of which you secured disarmament of
Johannesburg. Any delay will produce worst impression here, and may
lead to serious consequences. I have already promised that all the
leaders shall be brought to trial immediately; but it would be absurd
to try the rank and file, who only obeyed orders which they could not
refuse. If desired we may however engage to bring to England all who
are not domiciled in South Africa; but we cannot undertake to bring
all the rank and file to trial, for that would make a farce of the
whole proceedings, and is contrary to the practice of all civilized
Governments. As regards a pledge that they shall be punished, the
President will see on consideration that although a Government can
order a prosecution, it cannot in any free country compel a
conviction. You may remind him that the murderers of Major Elliott,
who were tried in the Transvaal in 1881, were acquitted by a jury of
burghers. Compare also the treatment by us of Stellaland and other
freebooters.
The result of this communication was that the President drew in his
horns and agreed that if the prisoners were deported to England he
would be satisfied to let the British Government decide which of them
should be prosecuted.
Public-domain text, read in full here on John Shaqi.
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