Impressions of South Africa | Page 4

legal knowledge and skill among those who had worked it, and was aggravated by the fact that the legislature consisted of one Chamber only, which was naturally led to legislate by way of resolution (besluit) because the process of passing laws in the stricter sense of the term involved a tedious and cumbrous process of bringing them to the knowledge of the people throughout the country. Upon this point there arose a dispute with the Chief Justice which led to the dismissal of that official and one of his colleagues, a dispute which could not be explained here without entering upon technical details. There is no reason to think that the President's action was prompted by any wish to give the legislature the means of wronging individuals, nor has evidence been produced to show that its powers have been in fact (at least to any material extent) so used. The matter cannot be fairly judged without considering the peculiar character of the Transvaal Constitution, for which the President is nowise to blame, and the statements often made in this country that the subjection of the judiciary to the legislature destroys the security of property are much exaggerated, for property has been, in fact, secure. It was, nevertheless, an error not to try to retain a man so much respected as the Chief Justice, and not to fulfil the promise given to Sir Henry de Villiers (who had been invoked as mediator) that the judiciary should be placed in a more assured position.
The idea which seems to have filled the President's mind was that force was the only remedy. The Republic was, he thought, sure to be again attacked from within or from without; and the essential thing was to strengthen its military resources for defence, while retaining political power in the hands of the burghers. Accordingly, the fortifications already begun at Pretoria were pushed on, a strong fort was erected to command Johannesburg, and munitions of war were imported in very large quantities, while the Uitlanders were debarred from possessing arms. Such precautions were natural. Any government which had been nearly overthrown, and expected another attack, would have done the like. But these measures of course incensed the Uitlanders, who saw that another insurrection would have less chance of success than the last, and resented the inferiority implied in disarmament, as Israel resented the similar policy pursued by the Philistine princes. The capitalists also, an important factor by their wealth and by their power of influencing opinion in Europe, were angry and restless, because the prospect of securing reforms which would reduce the cost of working the gold reefs became more remote.
This was the condition of things in the two Republics and the British Colonies when the diplomatic controversy between the Imperial Government and the South African Republic, which had been going on ever since 1895, passed in the early summer of 1899 into a more acute phase. The beginning of that phase coincided, as it so happened, with the expiry of the period during which the leaders of the Johannesburg rising of 1895 had promised to abstain from interference in politics, and the incident out of which it grew was the presentation to the Queen (in March 1899), through the High Commissioner, of a petition from a large number of British residents on the Witwatersrand complaining of the position in which they found themselves. The situation soon became one of great tension, owing to the growing passion of the English in South Africa and the growing suspicion on the part of the Transvaal Boers. But before we speak of the negotiations, let us consider for a moment what was the position of the two parties to the controversy.
The position of the Transvaal Government, although (as will presently appear) it had some measure of legal strength, was, if regarded from the point of view of actual facts, logically indefensible and materially dangerous. It was not, indeed, the fault of that Government that the richest goldfield in the world had been discovered in its territory, nor would it have been possible for the Boers, whatever they might have wished, to prevent the mines from being worked and the miners from streaming in. But the course they took was condemned from the first to failure. They desired to have the benefit of the gold-mines while yet retaining their old ways of life, not seeing that the two things were incompatible. Moreover, they--or rather the President and his advisers--committed the fatal mistake of trying to maintain a government which was at the same time undemocratic and incompetent. If it had been representative of the whole mass of the inhabitants it might have ventured, like the governments of some great American cities, to disregard both purity and efficiency. If, on the other hand, it