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will justly hold that Chief responsible for restoring stolen colonial cattle into whose location it shall have been traced.
VIII. The Governor having appointed a Commission, consisting of the Rev. W. Shepstone, Walter Currie, Esq. J.P., W. Bowker, Esq., and Captain Forbes, the said Commissioners are duly authorized to conclude this Treaty of Agreement in his name; to receive and duly record upon this document, the accession and agreement of the Chiefs Pato, Kama, and Cobus, thereto; and to locate and place each Chief in possession of his allotted location, and within his appropriate boundary accordingly.
IX. When all the above arrangements shall have been duly carried into effect, the Governor will appoint an agent for the Government, to reside near the locations; with whom the Chiefs will communicate whenever they may desire it, for the information of the Governor, of whose communications to them he will also be the accredited organ.
X. For the present, and until the Governor may judge it safe and beneficial, as well for the old colonists as for His Majesty's new subjects, hereby admitted under the protection of his Government, none of these last, whether of the families Pato, Kama, or Cobus, can be allowed to pass to the right bank to the Fish River, without a border pass, signed by one of the Commissioners, now, or by the agent when he shall have been appointed; and even then they must be unarmed. A departure from this condition will expose the individuals so infringing it to the danger of being shot; and therefore its exact observance is especially enjoined.
Given under my hand and seal, at Graham's Town, this 6th day of September, 1835. B. D'URBAN, Governor and Commander-in-Chief,
of the Colony of the Cape of Good Hope. Beka, 17th day of September, 1835.
PATO, his mark
Sons of Congo.
COBUS, We certify that the foregoing Treaty was this day carefully read and explained to the Chiefs Pato, Kama, and Cobus, and explicitly agreed to and ratified at the Beka, this 17th day of September, 1835.
W. SHEPSTONE, W. CURRIE, W. M. BOWKER, Commissioners. I certify that the foregoing Treaty has been carefully interpreted to the Chiefs Pato, Kama, and Cobus, and that they fully understood and assented to it.
JOSEPH WALKER, Sworn Interpreter to the Commissioners. Beka, 17th September, 1835.
4.-TREATY with the Kafir Chiefs of the Tribe of Gaika.-Signed
at Fort Willshire, September 17, 1835. Articles of a Treaty of Peace granted to the Kafir family of Gaika,
and its connexions and dependents, in the name of the King of England, by His Britannic Majesty's Governor of the Colony of the Cape of Good Hope.
The above tribe and its different branches and connexions being therein personally represented by Macomo, Tyalie, and Eno, for themselves, Kusia (son of Guanya), for Suta and her son Sandili, Fadani for Botbma: and these chiefs, for the whole collectively, and each individually and independently, for himself and his own immediate family, or for that which he represents, having supplicated for mercy and peace at the hands of the Governor, and prayed to be admitted and received as subjects of the King of England, and to lire henceforth under the protection and authority of the English laws, within His Majesty's aforesaid colony; and His Majesty's Governor having, in the name of the King his master, granted the said prayer : these Articles of Treaty are hereby mutually agreed on between the aforesaid Contracting Parties, and are concluded and ratified accord. ingly, in the manner and terms following:
1. The aforesaid chiefs and representatives, Macomo, Tyalie, Kusia, Eno, and Fadani, all of them, in the name of the whole tribe, its connexions and dependents, and each for himself, and the branch or family of it which he individually represents, separately and solemnly promise and engage to bear true allegiance to, and to be faithful subjects of, His Majesty the King of England; to be friends to His Majesty's friends, and enemies to his enemies; to obey the commands of His Majesty's Governor, and the duly constituted colonial authorities, and to live in submission to the general laws of the colony. The Governor and the laws, at the same time, extending to them the same protection and security as to the other subjects of His Majesty.
II. To the penalties of these laws, the above chiefs and representatives as aforesaid, their tribe and families, hereby alike become amenable if they break them; and they must be aware that these laws inflict severe punishment, and even death itself, upon those who commit the crimes of treason, viz., rebellion, or taking up arms against the King, or the Government of the colony; murder, rape, setting houses or property on fire, theft, whether of horses, cattle, sheep, goats, or other property. And such penalties will be equally incurred, if they be committed by any members of the above tribes, or families, against each other, as if committed against other inhabi. tants of the colony.
And they will also especially take notice, and be aware, that the Fingo nation, having already become subjects of the King of Englard,
any offence against the persons or property of the Fingoes will incur the penalties of the laws, and be severely visited upon all such offenders.
And the aforesaid chiefs and representatives are also made aware that any proceedings on their part, or on the part of any of their tribe or families, as aforesaid, against any one, whether within or without their tribe, for the pretended offence of witchcraft, are peremptorily forbidden by the above cited laws, and will be severely punished accordingly.
At the same time, the aforesaid chiefs and representatives understand, and it is a part of this Treaty, that the said English laws do not apply, and will not be applied to, or interfere with, the domestic and internal regulations of their tribe and families, nor with their customs, in so far as these do not involve a breach of the abovecited laws.
III. And the aforesaid chiefs and representatives hereby promise and engage to send out, immediately, positive orders, and to cause them to be instantly and duly obeyed, for the recal of all parties of their respective families and dependants, now employed in predatory inroads upon the colony, and to prevent all such predatory incursions for the future.
IV. And the aforesaid chiefs and representatives hereby promise and engage to deliver up, without delay, into the hands of Colonel Smith, commanding His Britannic Majesty's troops in the province of Queen Adelaide, or to any officers whom he may appoint to receive them, all the muskets which may be in their possession.
V. All the above well understood and performed, the Governor, upon his part, in the name of His Majesty, promises to afford, in favour of the aforesaid chiefs and representatives, their tribe and families, all due protection and support for the maintenance of their rights, their property, their security and welfare, equally with the other subjects of His Majesty.
VI. And the Governor, yielding to the earnest supplications of the aforesaid chiefs and representatives, " that they may not be expelled from their native country," and in the hope that they may, for the future, as they have solemnly promised, keep peace and good order within, and abstain from all inroads and robberies without, their allotted boundary, hereby assigns to each of them, and their respective families, a fair and adequate proportion, according to the amount of population of each family, to be determined by the Commissioners hereinafter set forth, for their location, establishment, and regulation, of a tract of country, bounded as follows:
On the west, from the Enweleni to the Iqirikazi, and thence along the mountain to the source of the Chumie River; thence down the left bank of the Chumie to its confluence with the Keiskamma; thence [1844-45.]
up the right bank of the Keiskamma to its confluence with the Deba; thence up the right bank of the latter to the Deba Neck; thence within (to the north of) the road to the mission station of Pirrie; thence to the summit of the hill called Isidenge; thence down the left bank of the Kabousie River to the Kye; with the reservation of such spots and lines, for roads, outspan places, places of public worship, schools, magistracies, military stations, and other public services, as the Governor may, from time to time, find it necessary to occupy, as well for the general benefit of the colony, as for the particular bencfit of the aforesaid chiefs, their tribe and families.
And reserving also a due and proper location, with adequate lands. to be determined by the aforesaid commissioners, at and about Burns' Hill, for Suta and Sandilli, and their family, and also a similar location and lands at and about the Chumie mission station, for Matua and Tinta, and their families.
VII. And each of the above chiefs shall, in token of fealty to the King of England, and of acknowledgment of bolding his lands under His Majesty's sovereignty, cause to be delivered to such officer or officers as the Governor shall appoint, on behalf of His Majesty, one fat ox, in the course of the first month of every year; in the fuilure of which condition, he will forfeit his said lands, unless they be granted anew by the Governor, in the name of His Majesty.
VIII. Ministers of the gospel, schoolmasters, and, where necessary, English magistrates or residents, will be duly appointed within the above locations. And it is hereby concluded and agreed on, by the said chiefs and representatives, that they and the heads of families shall act as magistrates of the colony, cach in his location, if required to do so by the Governor, and under such titles, and to obey such instructions, as shall by him be determined; and that they shall not harbour, nor suffer to be harboured, within their respective locations, any person or persons, whether of their own tribe or of others, whether English, Hottentots, Boers, or of any other nation, suspected or known to have been guilty of any crime or offence against the colony, but shall im neediately secure and deliver up any such person or persons to the nearest colonial authorities.
IX. And it is hereby further concluded and agreed on by the aforesaid chiefs and representatives, and they alike promise and engage, that they shall without delay communicate to the colonial authorities, any overtures made, or which may hereafter at any time be made, to them, from any person or persons, whether within or without the colony, tending to its prejudice or danger, and shall equally communicate, in like manner, any intelligence which may at any time come to their knowledge, of danger threatening the colouy from whatever quarter.
x. And it is hereby further concluded and agreed on by the
aforesaid chiefs and representatives, that they and the heads of families in their respective locations shall, all and each of them, prevent by every means within their power, inroads into the colony, of robbers, to steal cattle or other property; and shall, moreover, in the case of any cattle or property so stolen being brought into their respective locations, secure and deliver it to the nearest colonial authorities; well understood, that the Governor will justly hold that chief responsible for restoring colonial cattle or other property, into whose location it shall have been traced.
XI. The Gorernor having appointed a commission, consisting of --
4. Captain Stretch, Provisional Companies, 75th Regiment, for the location, establishment, and regulation of the aforesaid chiefs, tribe, and families, the said commissioners (or a majority of them) are hereby duly authorized, so soon as they shall be reasonably satisfied that the 3rd and 4th conditions of this Treaty have been fairly complied with, to conclude and ratify it finally by their signatures, and to receive and accord by endorsement upon this document, the accession and agreement of the aforesaid chiefs and representatives thereto; and thereafter to locate and place each in possession of his allotte location, and within his appropriate boundary accordingly.
XII. When all the above arrangements shall have been duly carried into effect, the Governor will appoint an agent for the Government, to reside among, or near to, the locations; with whom the chiefs will communicate whenever they may desire, for the information of the Governor, of whose communications to them he will also be the accredited organ.
XIII. For the present, and until the Governor may judge it safe and beneficial, as well for the old colonists as for these His Majesty's new subjects, hereby admitted under the protection of ÍIis Majesty's Government, none of these last, whether of the family of Gaika, or its connexions or dependents, as aforesaid, can be allowed to cross the Chumie, or the Keiskamma River, below its confluence with the former, or by any other way to enter the old colonial border, without a pass, signed by one of the above commissioners, or by the agent, when he shall have been appointed; and even in that case all persons so passing the boundary must be unarmed. A departure from this condition will espose the individuals infringing it to be shot; and its obscrvance is therefore very strictly and earnestly enjoined.
Giren under my hand and seal, at Fort Willshire, this 17th day of September, 1835. B. D'URBAN, Governor and Commander-in-Chief
of the Colony of the Cape of Good Hope.