(8.)-TREATY with the Chiefs of the Kafir Tribe of Congo.* Cape Town, January 30, 1845.

TREATY entered into between his Excellency Lieutenant-General Sir Peregrine Maitland, Knight Commander of the Most Honourable Military Order of the Bath, of the Royal Military Order of William of the Netherlands, and of the Imperial Order of St. Wladimir of Russia, Colonel of Her Majesty's 17th Regiment of Foot, Governor and Commander-in-chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, in South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, Commanding the Forces, &c., &c., &c., on the part of Her Britannic Majesty; and Pato and Cobus, Chiefs of the Kafir Tribe of Congo, for themselves and the said Tribe.

ART. I. It is agreed between the said Governor and the said Contracting Chiefs, that all former Treaties between the Colony of the Cape of Good Hope and the said Chiefs shall be annulled, and the same are hereby annulled accordingly; and this present Treaty shall stand henceforth in room and stead thereof.

II. Peace and amity shall continue for ever between Her Britannic Majesty and her subjects, and the Chiefs of the Congo Tribe, and the Contracting Chiefs engage to use their utmost endeavours to prevent any rupture of the same, and to cause the strict observance of this Treaty.

III. The boundary between the said colony and the territory of the Kafir Nation is, and shall be understood to be, that which was agreed upon between the then Governor, Lord Charles Somerset, and the Kafir Chief Gaika, in the year 1819, and inserted in the Treaty of the 5th of December 1836,† hereinbefore annulled, viz.the Keiskamma River from its mouth up to its junction with the Chumie River; thence the latter river up to where it touches a ridge of high land, which is connected with the Kat Berg, and which separates the waters which fall into the Chumie from those which fall in the Kat Kiver, thence the said ridge to its junction with the Kat Berg; thence the Kat Berg itself, and the high ground and ridges which connect it with the Luheri or Gaika's Peak, and the great chain of the Winterberg up to the Winterberg's highest point; thus, including within the colony all the branches of the Kat and Gonappe Rivers up to their extreme sources, and including in Kafraria all the branches of the Chumie.

IV. The said Contracting Chiefs do for themselves, their tribe, and heirs, and successors, acknowledge the right of full sovereignty of her said Britannic Majesty over the territory to the west of said line, renouncing for ever all claim which they, the said Chiefs or · Annulled by Proclamation, 17th December, 1847, Page 114. † See Page 63,

Tribe may ever have had, or supposed to have had, to the same or any part thereof.

V. The said contracting Chiefs therefore accept, as a special mark of her said Majesty's grace and favour, any part of the territory between the Keiskamma and the Kat River as a loan, to be by them, or their Tribe, or any part thereof, held upon such terms, and to such extent, as shall be laid down by, or on the part of her said Majesty, which terms shall be incorporated in this Treaty; they, the said Chiefs, promising at no period ever to lay claim to the possession or occupation of any other part of the territory, known by the name of the Ceded Territory, except such part as shall be allotted to them in the manner hereinabove stated.

VI. The said Governor doth hereby, in the name of her said Majesty, grant and confirm unto the said Chiefs and their Tribe, that part of the said territory called the Ceded Territory, which, since the making of the said Treaty of the 5th of December, 1836, they have held and occupied, which Territory shall be held by the said Chiefs and Tribe, their heirs and successors, in perpetuity, never to be reclaimed by or on behalf of her said Majesty, except in case of hostility committed, or a war provoked by the said Chiefs, or Tribe, or in case of a breach of this Treaty or any part thereof.

VII. Her Majesty reserves her right of stationing troops, and building forts in the said territory, and availing herself for that purpose of all the facilities and materials within the same, as also to appropriate a certain necessary space round said forts, to be regularly marked out for the use thereof, also to keep open the communication with and between the said forts, and to send supplies to the same, and also to march troops through any part of the said territory as may be necessary; and Her Majesty also reserves the right to graze around any such fort or station, all horses and other cattle, whether for draught or slaughter, belonging to the Commissariat Department, or to any contractor, as may be required for the use of the troops there stationed.

VIII. The country to be occupied and inhabited by British. subjects will be bounded on the Kafir side by the chain of mountains and ridge of high land, particularized in Article III of this Treaty, from the highest point of the Winterberg to where said ridge approaches nearest to Fort Beaufort, on the spot marked by the beacon now erected;-from this spot along a ridge which divides the waters which fall into the Kat River above Fort Beaufort from those which fall into the said river below the said fort, keeping this ridge until it joins the first rivulet below the said fort, and thence the said rivulet itself to its junction with the said Kat River, and thence the course of the Kat River to its junction with the Great Fish River, and thence the latter river to its mouth.

IX. The said Governor engages, on the part of her said Majesty, to place one or more Agent or Agents to reside in convenient situations near the residence of some of the principal Chiefs, which Agents shall act solely in a diplomatic capacity; and

the said Contracting Chiefs bind themselves to respect such Agents as the representatives of the British Government, and to protect their persons, families, and properties, to the utmost of their power, and to leave them full liberty of ingress and egress through their (the Chief's) territory, or across the boundary into the colony, at all times, without the least molestation or hindrance.

X. No Kafir, or other native residing amongst the Kafirs, shall cross the boundary into the territory inhabited by the colonists. without having received from some Agent, or other Authority empowered by the Governor, a pass written in both the English and Dutch languages, specifying the name of the Kafir or other native, the place of his destination, the object of his visit, the time he is to be in the colony, and the date at which the pass shall have been granted; and any Kafir or other native found upon the colonial side of the said boundary at a time or place not authorized by the terms of his pass, or found without a pass, shall be liable to be dealt with as the laws of the colony, in regard to such persons, do or shall provide. Kafirs, or other natives, in the actual employment of any officers of Her Majesty, civil or military, on duty in any of the territories inhabited by the said Chiefs, or of any contractor for the supplies to the troops or police, or of any Resident Agent, missionary, or trader, shall be at liberty to cross the said boundary, having first received a pass of the nature aforesaid, which may be granted to them by their employers. But the Agents, in any case in which they shall find that the Kafir or other native applying for a pass, reasonably requires, and, from his good character, merits such a privilege, shall be at liberty to grant passes not restricted to one visit, and which may specify merely the name of the party, the date of the granting of the pass, and the length of the time for which the same is to remain in force.

XI. All British subjects resorting temporarily to the territories of the Contracting Chiefs, or residing therein with the permission of the Chiefs, for the purpose of trade or otherwise, shall be protected by them in their persons and properties; but the Contracting Chiefs engage not to permit any ship or vessel to discharge any cargo, goods, or merchandize, upon any part of the coast of their territories, nor to permit any of their subjects to receive the same from any ship or vessel discharging them; unless such ship or vessel shall be provided with and shall produce a licence from the said Governor permitting such ship or vessel to unload there.

XII. The said Contracting Chiefs bind themselves to afford free access, at all times, into their territories to the members of any police force employed by the colony, and to the men of the Cape Corps, while acting as police, when searching for offenders who have committed crimes in the said colony, or property stolen therefrom, and the said Chiefs will afford to such persons so engaged their countenance and assistance, and such persons shall have the right to apprehend, and bring to the Agent for further investigation

all such persons found in Kafirland as they shall know, or have just reason to suspect, to have committed any theft or other crime in the colony, and they shall also have the right to seize and secure and bring before the Agent, in order to the safe custody of the same, pending the final settlement of the case, all property which they shall know, or have just reason to suspect, to be property stolen from the colony. And the Colonial Government will, at all times, through the Agent, make good to any Kafir or other native unjustly injured by any act of any individual authorized to act as a Policeman, while acting as such, whatever damage in respect of either person or property he may thereby have sustained.

XIII. The Contracting Chiefs will use their best exertions to discover, and deliver up, to the nearest British authority, for trial in the colony, according to law, all persons, whether Kafirs or not, who shall have committed, or who shall be reasonably suspected of having committed, any murder, robbery, or other crime, within the limits of the colony, and who shall be found in any part of the territories of the Chiefs.

XIV. The Governor, on the part of Her Britannic Majesty, engages to use his best exertions to seize and bring to trial in the colony, whenever so requested by any of the Contracting Chiefs, any subject of her said Majesty who shall have committed, or shall be reasonably suspected of having committed, within the territory of such Chief, any act of violence or wrong, which would, by the laws of the colony, if committed within the limits of the colony, constitute any of the crimes enumerated in the last preceding Article, and in regard to criminals, or suspected crin.inals, not being subjects of Her Majesty, escaping into the colony from the territory of any of the said Chiefs, the Governor engages, upon being requested by the Chiefs so to do, to use his best exertions to discover, and deliver up, such criminals, or suspected criminals, to the Chief for trial.

XV. The Contracting Chiefs undertake to use their authority and influence to cause all persons, within their territories, whose evidence they shall find to be required by any Court of Justice in any British territory in South Africa, to appear at such time and place as shall be prescribed, and the Chiefs will, as much as possible, take care, when delivering up any prisoner under Article XIII of this Treaty to any British authority, to produce, at the same time, to such authority, all witnesses acquainted with the matter in question, whose presence the Chief can command or procure, in order that the truth of the said matter may fully be known. The Government of the colony, on the other hand, will be prepared to pay all witnesses from Kafirland who, having been required so to do, shall attend any such court as aforesaid, a reasonable compensation for their time and trouble.

XVI. Whenever any person resident in the colony shall have lost from the colony any horses, cattle, or other property, and shall

afterwards identify the same in the possession of any person residing within the territory of any of the Contracting Chiefs, such property shall be immediately restored, upon the requisition of the Agent, to the person proving the same to belong to him. And in all cases in which the claimant shall prove to the said Agent that the property so identiñed was stolen from him, the Contracting Chief, within whose territory it shall have been identified, engages to compensate the claimant for the expenses of the pursuit. But the Chief will, notwithstanding, be relieved from the payment of the said compensation, if he shall deliver up for trial in the colony, the supposed thief or thieves, and the person or persons so delivered up shall be duly convicted of the theft. And the Governor, moreover, engages to reward the Chief in proportion to the magnitude of the theft committed, for his zeal and trouble in apprehending and delivering up the thieves.

XVII. Whenever any person resident in the colony shall have lost from the colony, and can prove the same to have been stolen, any horses, cattle, or other property, and can by the traces, or other sufficient evidence, satisfy the Agent that such property was carried by the thief, or some person privy to the theft, from the colony into the territory of any of the Contracting Chiefs, and further that he has made no delay which could have been avoided, in reporting his loss to the said Agent,-such Chief engages, in case the stolen property shall not be discoverable, to make good, upon being so required by the Agent, the value of the property, and further to compensate the owner for the expenses to which he shall have been put in his pursuit. But the Chief will be relieved from his liability for expenses, in case he shall deliver up the thief or thieves for trial in the colony, and he or they shall there be convicted in due course of law. And the Governor engages, also, to reward the Chief in every such case in like manner, as is in the conclusion of the last preceding Article promised and undertaken.

XVIII. The Governor aforesaid engages to nominate and appoint a competent tribunal (to which tribunal the Agent will not belong) to be held, from time to time, either within the colony or the territory of the Contracting Chiefs, to hear and determine, by way of appeal, and according to such convenient rules as shall hereafter be from time to time established for its guidance by the Governor of the colony in concert with the said Chiefs (which rules for the time being shall be considered as if inserted in the Treaty) all manner of questions regarding compensation, and by whom and to what amount the same shall be made, and generally all matters requiring adjudication under the 2 preceding Articles, before which tribunal either the claimants or the Contracting Chiefs may appeal against any decisions of the Agent acting under this Treaty; and it shall be competent for the said tribunal, should it see cause so to do, to award to either of the parties to any