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
Every effort was made for some days to induce the prisoners to sign
this document, but they refused. A certain number of the men were
opposed to signing anything whatever, even the most formal appeal to
the Executive Council for a revision of sentence. They based their
refusal upon two reasons: 1st, that they had been arrested by an act
of treachery and tried by a packed Court, and if the Executive
recognized the injustice of the sentence they might act
spontaneously without petition from the prisoners; 2nd, that they
believed that any document however moderate which they might sign
would only be the thin end of the wedge by which the Government hoped
to introduce the principle of individual statements and pleas--that
is to say each one to excuse himself at the expense of his neighbour,
and thus enable the authorities to establish by the prisoners' own
confessions the extent of the guilt and complicity which they had
been unable to prove.
Under such conditions an appeal was made to Messrs. Rose Innes, Q.C.,
and Solomon, Q.C. These gentlemen had remained in Pretoria and
devoted their time and energies to obtaining some amelioration of the
conditions of imprisonment and some mitigation of the sentences
imposed upon the Reformers. The petition as presented by the
Government was shown to Mr. Innes, who indignantly rejected the
suggestion of signing any such document. As the strongest reason
adduced in favour of signing petitions was the statement that
according to law and custom it was impossible for the Government to
take cognizance of the prisoners' case even with every desire to
mitigate the punishment unless it was brought before them by direct
appeal, Mr. Innes undertook to see the President and Chief-Justice
Kotze on the subject. By this time further suggestions had been made
on the subject of petitions, and the prisoners were being urged among
other things to name in plain terms the extent and manner in which
they would like their sentences commuted. This proposal was regarded
as a preposterous and ridiculous one; but nothing is too ridiculous
for Pretoria and it was necessary to deal seriously with it.
In these circumstances, Mr. Rose Innes interviewed the Chief Justice,
in order to get the highest authority in the country as a guide. Mr.
Kotze would not at first express an opinion as to whether petitions
should be sent in, but he was evidently inclined to recommend them as
politic, 'But,' said Mr. Innes, 'it is not a question of policy; it
is a matter of law. Is there anything in the law which renders it
necessary for a prisoner to petition before his sentence may be
revised by the Executive--anything which debars the Executive from
dealing with his case if he does not petition?' Mr. Kotze's answer
was clear: 'No, certainly not--nothing whatever!'
Public-domain text, read in full here on John Shaqi.
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