XXIII. Any Kafir found in the act of committing any crime or depredation within the said boundary, shall be dealt with according to the laws of the colony; and it is to be clearly understood, that in case of resistance, or attempt at flight on the part of such criminals and depredators, it is perfectly legal to fire upon them, or otherwise to disable or kill them if they cannot in any other way be secured, or prevented from completing such crime; but if such criminals or depredators, being pursued upon the spoor, be not overtaken before they shall have crossed the line occupied by the said Amapakati, the course agreed upon in the following Article shall be adopted for the apprehension of such criminals or depredators, or the recovery of property carried off by them; and on no occasion whatever shall any patrol, or armed party of any description, be allowed to cross the said line so occupied for the said

purpose.

*XXIV. If any person being in the pursuit of criminals or depredators, or property stolen by them, shall not overtake or recover the same before he shall reach the said line (provided he can make oath that he traced the said criminals, depredators, or property, across a particular spot on the said line; that the property when stolen was properly guarded, and in case of cattle, horses, or the like, that they were so guarded by an armed herdsman; that the pursuit was commenced immediately after such property was stolen; that if the robbery was committed during the night, the property had been, when stolen, properly secured in kraals, stables, or the like, and that the pursuit in that case was commenced, at latest, early next morning), such person shall be at liberty to proceed direct to the Pakati living nearest the spot where he can swear such traces to have crossed the said line, which Pakati shall be bound at once to receive the statement, examine the traces, and, if the statement appear well founded, use his utmost endeavour to recover the stolen property, as well as the perpetrators pursued; and it will be at the option of the party pursuing to continue the search at once, under the guidance of the said Pakati, provided he do not go armed, or accompanied by armed British subjects, or assist in any violence of any kind within the said territory. If the party pursuing shall thus, with the assistance of the said Pakati, or with that of the Police, to be hereafter named, recover the property pursued, he shall be at liberty to proceed with the same either to one of the said Agents or to one of the military posts most convenient to himself, in order to make before such Agent or Officer commanding such post a statement of his proceedings, and the quantity and nature of the property recovered, which statement he shall be liable at all times to be called upon to make oath to; after making which statement he shall be a liberty to carry off the said property, leaving the said Pakati or Police to pursue the criminal, Amended by Proclamation, 7th December, 1840. Page 76.

and to recover compensation for their exertions by means of the Kafir Chiefs and their Councils, according to the Kafir usage; and the said Contracting Chiefs do hereby bind themselves in all such cases to exert themselves to the utmost to cause the criminals to be apprehended and punished, as well as on all occasions to cause the said Chiefs and Policemen to be equitably rewarded for their exertions.

*XXV. If, however, a party pursuing stolen property and depredators in the manner specified in the foregoing Article shall deem it more safe, convenient, or expeditious to proceed to the nearest military post, he shall be at liberty to do so. The Officer commanding such post shall provide such party (after he shall have stated himself prepared to make oath required in the said foregoing Article) with a Policeman, who shall accompany such pursuing party to the spot where the said traces cross the said line, and examine the same, with the assistance of the said Pakati, whose presence must be obtained. He, the said pursuer, shall, then, if he do not think fit or safe to follow the spoor further, or having so followed the same, prove unsuccessful, proceed to the resident Agent for the Chiefs into whose territory the criminals and property were traced, and before the said Agent lodge his complaint upon oath; and, in case of lost property, swear particularly to the circumstances stated in the said foregoing Article, and also the exact value of the property stolen and not recovered; unless this affidavit be made, the Agent shall take no further notice of the case; but as soon as such affidavit shall be made, the said Agent shall, if he have no reason to discredit the same (he being at all times at liberty to demand further proof, and it being at all times the bounden duty of the party complaining to produce good and sufficient proof), to lay the case before the Chiefs of the territory into which the criminals and property were traced. And the said Chiefs do hereby engage to call a Council, and to enter into the strictest investigation; to cause the stolen property to be recovered if possible, and the perpetrators punished. And the said Chiefs do further pledge themselves and engage, that if at the end of 1 month after the case shall have been laid before them, the said perpetrators or property shall not have been discovered, and if it shall nevertheless have been clearly proved before them and their said Council, by the evidence of the said pursuer, Pakati, and Policeman, or other proof, that the property was traced into their territory, they the said Chiefs shall at once indemnify the person robbed to the full value of the property lost, and no more, and compensate the said Pakati and Police for their exertions.

*XXVI. With the exception of indemnification obtained through the said Chiefs and Council in the manner specfied in the foregoing Article, no person pursuing stolen property shall be

• Amended by Proclamation, 7th December, 1840. Page 76.

allowed to take any but his own property, or the identical property he is in pursuit of, even if tendered to him, on pain of having to restore the property so taken, and losing all further claim to the property actually lost.

XXVII. The said Contracting Chiefs do agree, promise, and pledge themselves to encourage and protect by every means in their power the propagation of the Christian religion throughout their territories, as also to protect in their persons, families, and property the teachers and ministers of the said religion, and all British subjects, of whatever description, who may sojourn in or enter into the said territory, with their consent or according to the terms of this Treaty, as long as they conduct themselves with propriety and submission to the law; and never under any circumstances to allow them to be molested or subjected to any prosecutions or penalties, upon the plea or pretence of the laws and usages connected with or instituted against witchcraft; as also to leave them free access to and communication with the colony.

XXVIII. The said Contracting Chiefs do also agree, promise, and pledge themselves to abstain, and cause their tribe to abstain, from any way molesting or interfering with the Fingoes, who are or will be located in the said Ceded Territory, but to consider them as under British protection; to leave them in full enjoyment of their property, laws, or customs, and in no way to avenge any grievance or dispute which may heretofore have existed between the Kafirs and the said Fingoes.

The said Contracting Chiefs also promise to remain at peace with the other tribes of Kafirs; cautiously to abstain from reviving any difference or jealousy which may heretofore have existed among them, and particularly those which may have been caused by any proceeding of any party during the late war. And the said Chiefs also promise solemnly to live at peace with the Tambookies, and to do everything in their power to promote the tranquillity of the several tribes of their own nation and all other bordering tribes, as well as of the colonists.

XXIX. The said Contracting Chiefs do solemnly agree to allow the Fingoes located on the western or right bank of the River Chumie, beyond the boundary of the Ceded Territory, to continue in their present situations with their property, in the full enjoyment of their own laws and customs, and to give them every protection and encouragement, until the crops which they now have growing shall be ripe and reaped; and then to let those of the said Fingoes, who choose so to do to depart with their property of every description whenever they shall think fit; as also to permit the occupation of Fort Thompson by His Majesty's troops, for the protection of the said Fingoes, until they shall have so reaped their said crops.

Thus done and agreed, signed and sealed, at King William's Town, 5th December, 1836.

(L.S.) A. STOCKENSTROM.

SUTU. MACOMO. TYALIE. BOTMA. ENNO. Provisionally ratified in Council, Cape Town, June 1, 1837. B. D. URBAN, Governor.

NOTE.-Treaties upon the same general principles were concluded with the Chiefs of the Tribe of T'Slambie, viz., Siwane (represented by his mother, Nonibe), Umhala, Umgai, and Gazella (December 5, 1836);-the Tribe of Congo, viz., Pato, Kama, and Cobus (December 5, 1836);--the Fingo Chiefs, viz., Umklambiso and Jakwani (December 10, 1836);-the Tambookie Chief Mapassa (January 18, 1837).

(2.)-TREATY with certain Kafir Chiefs of the Ammakwane Tribe. Signed at Fort Peddie, June 19, 1838.

SUPPLEMENTARY TREATY entered into between his Excellency Major-General George Thomas Napier, C.B., Governor and Commander-in-chief of the Colony of the Cape of Good Hope, &c. &c., on the part of Her Britannic Majesty, and the Kafir Chiefs of the Ammakwane Tribe, viz., Pato, Kama, and Kobe, for themselves and the said Tribe, in consequence of the said Chiefs having represented their earnest desire, and that of their people, to enter into a more close alliance with the British Government for mutual defence, support, and protection, whereupon, after ample discussion and deliberation, and a full understanding by means of the Official Interpreter, Mr. Theophilus Shepstone, assisted by an Interpreter of the said Chiefs' own choosing, named Samuel, the following Articles of Convention were fully agreed upon, in the presence of A. Stockenstrom, Esquire, Lieutenant-Governor; Major Charters, Military Secretary; Captain Murray, 72nd Highlanders, Commanding Fort Peddie; and J. M. Bowker, Esquire, Diplomatic Agent, subject, nevertheless, to the Ratification by or on behalf of Her said Majesty.

ART. I. Nothing herein contained shall alter or be construed to alter any part of the Treaty entered into at King William's Town, between and on the part of his late Britannic Majesty and the said Contracting Chiefs, on the 5th day of December, 1836,* which is, on the contrary, hereby renewed and confirmed.

II. And in order more firmly to unite the bond of peace and unity established by the said Treaty, the said Contracting Partie

⚫ See Page 63.

mutually engage to assist each other to the utmost of their power against any enemy whatsoever, who shall attack or make war upon either of the said Contracting Parties; subject, nevertheless, to the conditions and restrictions hereinafter specified.

III. Neither party shall interfere with the domestic policy or affairs of the opposite party, or with any dispute between such party or any other tribe or nation, which dispute can be settled without recourse to arms; but both parties solemnly engage faithfully to promote by all means in their power the peace and prosperity of each other's subjects and territories; to guard not only against all injury which those subjects might do each other, and to give satisfaction for such injury as shall be so committed, but also to ward off from each other all hostile movements, secret, or open preparations of attack, or war against either party, on the part of any tribe or nation whatever; to give notice to each other of any such hostile or warlike intentions or movements which may come to their knowledge; and in case of any attack, inroad, or war, on the part of any tribe or nation, upon either of the Contracting Parties, to assist each other in repelling and defeating the same, as honourable and faithful allies are bound to do.

IV. The said Contracting Kafir Chiefs, however, will not be entitled to any assistance on the part of her said Majesty or her Government, in any aggression or attack upon any tribe or nation; or in any defensive measure which may have become necessary by, or be the consequence of any such aggression or attack, or any other act of injustice, which the said Chiefs, or their subjects, may perpetrate against such tribe or nation. Wherefore, the said Kafir Chiefs bind themselves and engage, previous to resorting to the force of arms or other hostile measures against any tribe or nation, to submit to the arbitration of her said Majesty, or her Representative, any important question of dispute which may arise between themselves and such tribe or nation, and which they cannot amicably settle between themselves; as also not to resort to such force of arms or hostile measure before such arbitration shall have proved abortive and fruitless, and her said Majesty, or her Representative shall have declared such force of arms or hostile measures necessary and unavoidable.

V. The said Governor engages, on the part of her said Majesty, to maintain and keep effective in that part of the so-called Ceded Territory, which is now occupied by the said Contracting Chiefs, and certain parties of Fingoes, at least one military post, with which post the said Contracting Chiefs engage honestly and faithfully to co-operate for their own protection and that of the colony.

VI. The said Governor engages to cause every protection to be afforded by the said military post to the said Contracting Chiefs, rensistently with the provisions of the 3rd and 4th Articles of se presents; and in case of any sudden attack on the said