636 



SOUTH AFRICA. 



ment was prorogued from one date to another. 

 Some of the members had been convicted by mili- 

 tary tribunals, some were kept in prison without 

 trial, some had fled oversea to avoid a like fate, 

 and elections were not held to fill their places 

 because none but men of the same principles could 

 be elected in their districts. When peace was 

 signed a petition was signed by a large majority 

 of the members of Parliament belonging to the 

 Progressive party, which was the ministerial 

 party, begging the Imperial Government to sus- 

 pend the Constitution. The Premier, who had 

 assented to the military measures of the army 

 authorities during the war and organized the 

 bodies of Cape volunteers for local defense and 

 auxiliary service in the war, rejected the propo- 

 sition from the start, the ministry refused to 

 countenance it, and the Imperial Government 

 finally decided against it and advised the con- 

 vening of Parliament at an early date so as to 

 test the willingness of the House of Assembly 

 to pass the measures necessary for the main- 

 tenance of orderly government, including indem- 

 nity bills for acts committed under martial law 

 and for unauthorized expenditure. Sir Gordon 

 Sprigg assured Mr. Chamberlain that he could 

 pass these indemnities and the budget, although 

 he could not rely on the support of a fourth of his 

 former followers. Dr. Smartt, Commissioner of 

 Public Works, resigned in May and took the 

 leadership of the party in favor of suspension, 

 and as 42 members of the Assembly supported 

 him he practically displaced the Premier as head 

 of the Progressive party. The Constitution was 

 suspended already. Martial law and press cen- 

 sorship were still in force after the war ended. 

 The Parliament had not been convened for eight- 

 een months, although the Constitution requires 

 that twelve months shall not elapse without a 

 session. The ministry had expended in the defense 

 of the colony all the ordinary resources and 

 2,600,000 raised for railroads and harbors, and 

 had no power to levy taxes. What the Pro- 

 gressives wanted was the repeal of the Consti- 

 tution. They proposed that the Cape should be 

 ruled as a Crown colony until the seats could 

 be redistributed in such a way as to give them, 

 the active English Imperialist party, a majority. 

 The petition for the suspension of the Constitu- 

 tion was sent before the peace was signed. It 

 could not be done without sanction of the Im- 

 perial Parliament. Lord Milner was in favor of 

 suspension, but Mr. Chamberlain on July 2 de- 

 clined to propose such a measure to the British 

 Parliament unless the Cape Parliament should 

 fail to pass the bills of indemnity and other meas- 

 ures indispensable for the maintenance of British 

 interests. Parliament was convened on Aug. 20. 

 The withdrawal of the martial-law proclamations 

 was declared in the Governor's speech to be de- 

 pendent on the passage of a bill indemnifying the 

 Governor and all persons concerned for acts per- 

 formed in the administration of martial law. 

 The House of Assembly was further called upon 

 to pass bills dealing with the failure to summon 

 Parliament within the prescribed period, the fail- 

 ure to register voters at the biennial term, unau- 

 thorized expenditure, and various minor infrac- 

 tions of the law. Measures were announced pro- 

 hibiting the immigration of Asiatics not British 

 subjects, and of paupers and persons suffering 

 from loathsome and contagious diseases, dealing 

 with betting and gambling, forbidding the sale 

 of liquor to aboriginal natives, providing for the 

 location of natives, and authorizing railroad ex- 

 tensions, harbor and irrrigation works, local 

 loans, and the contribution of 20,000 to the im- 



perial navy in addition to the previous annual 

 grant of 30,000. There were 9 seats vacated by 

 rebels or refugees, and in declining to have them 

 filled until the repeal of martial law the Premier 

 opposed his former party which he had led for 

 twenty-five years, only 5 members of which, be- 

 sides the ministers, still followed him, and was 

 supported by the party of the Afrikander Bond, 

 the Dutch party. The Government further of- 

 fended the Progressives by proposing a commis- 

 sion to inquire into the administration of mar- 

 tial law and commandeering. The Imperial Gov- 

 ernment sent over a commission of judges to re- 

 vise the sentences passed by military tribunals 

 with a view of releasing imprisoned persons 

 whose offenses were not serious and criminal. 

 Jurists pointed out that with the removal of mar- 

 tial law all unexpired sentences lapsed and no 

 person could be held in durance unless resentenced 

 under the law of the land. The Chief Justice of 

 Cape Colony ruled that after the conclusion of 

 peace martial law became void and the courts 

 could not recognize any subsequent proceedings 

 taken under martial law. The general indemnity 

 bill was passed on Sept. 3. Under martial law 

 the Boer sympathizers had to suffer severely. 

 They were deported from their homes, their busi- 

 ness was ruined, their property was taken from 

 them, and when they were not confined they were 

 compelled to make long journeys to report to the 

 military. Now the loyal Dutch and the British 

 colonists who profited by their misfortunes were 

 boycotted and made to suffer in turn, but the 

 Government would give them no redress. When 

 Parliament was before in session and martial law 

 had been proclaimed in a few districts, after the 

 first rebellion had been quelled Sir Gordon Sprigg 

 promised in August, 1900, to appoint a parlia- 

 mentary commission to inquire into its adminis- 

 tration. Parliament was prorogued, and after- 

 ward came the second rebellion. Martial law was 

 extended over all the colony, and finally em- 

 braced even the port towns. For a year and a 

 half it constituted the Government of the coun- 

 try. The grievances and wrongs that arose from 

 the despotic rule of English officers were admitted 

 by everybody, and hence the imperialists desired 

 to cover with oblivion the whole period. The 

 ministry and Parliament could not ignore, how- 

 ever, the wrongs that many were still suffering 

 in consequence of martial law. The Legislative 

 Council investigated the cases of two of its mem- 

 bers who had been punished by military tribunals 

 and found that they had been thoroughly loyal 

 citizens. Many persons were still confined in 

 prison under unjust and capricious sentences. 

 The Royal Commission, composed of Baron Alver- 

 stone, Lord Chief Justice of England, Justice 

 John C. Bingham, and Sir John Ardagh, exam- 

 ined into 721 cases tried in Cape Colony, 59 in 

 the Transvaal and Orange River colonies, and 14 

 in Natal, and in accordance with its recommenda- 

 tions 119 prisoners were released at once, and in 

 most other cases sentences were reduced a life 

 sentence to one of two or three years and fines 

 were remitted. 



The financial 'indemnity bill covered a total un- 

 authorized expenditure of over 11,000,000. The 

 Parliament authorized new loans of 4,400,000 

 for railroads and harbor works. The mini>trr<. 

 supported by the Progressives, mustered only 27 

 votes on Sept. 4 against 41 given by the Bond 

 for enlarging the powers of school commissioners, 

 yet all the indemnity bills were passed. The ex- 

 penditure for the two years ending June 30, 1902, 

 was 19.224.000 and the revenue 17,030,000, 

 leaving a deficit of 2,194,000. For the next year 



