HL Deb 04 August 1890 vol 347 cc1713-21
EARL GRANVILLE

My Lords, I rise to put a question to the noble Lord the Secretary of State for the Colonies. The Session is more or less approaching an end, and it would be, I think, very desirable if he could inform the House what is the state of the negotiations with regard to Swaziland, whether any arrangement has been come to with the South African Republic, and whether, before we adjourn, Her Majesty's Government will be prepared to place before the House any Papers on the matter?

* THE SECRETARY OF STATE FOR THE COLONIES (Lord KNUTSFORD)

My Lords, I am glad the noble Earl has been good enough to put this question to me, because the matter is one which is of great importance and which has naturally excited much interest in this country as well as in South Africa. I am happy, therefore, to be able to state that we learned yesterday that the result of the negotiations, conducted in a most friendly spirit between Her Majesty's Government and the Government of the South African Republic, has been the making of a Convention which secures the independence of Swaziland, and a joint Government over the white settlers for a term of years, and provides other terms, to which, with your Lordships' permission, I will shortly refer. This Convention has been signed by the President, and is to be submitted this day to the Volksraad for ratification. Papers will be presented to Parliament on the subject as soon as possible, but, looking at the importance of the subject, I trust your Lordships will allow me to make a short statement in explanation of the course of events which led up to these negotiations, and also of the action of Her Majesty's Government. Swaziland has an area of about 8,000 square miles, and is surrounded on three sides by the South African Republic. It has a native population of about 63,000, about 9,000 of this number being fighting men. In the Report of Sir Francis de Winton, to which I shall have occasion later on to refer, he well describes the Swazis as "a happy, contented, work-hating, wild people." As regards the number of white residents it is very difficult to make any accurate calculations; but referring to Sir Francis de Winton's Report, I may observe that he says that— As regards the White residents, it is difficult to arrive at their correct numbers, so many persons being non-resident, though possessed of interests in Swaziland, and a proper register of those entitled to vote for the White Committee never having been kept. The mineral holders, miners, canteen and store keepers, missionaries, and a few permanent farmers are the only residents in the country. These consist chiefly of subjects of Great Britain. The non-residents consist of grazing holders and concessionaires. These are chiefly subjects of the Transvaal, or persons who have interests in the South African Republic. Roughly speaking, the subjects and sympathisers of the South African Republic represent 3 to 1 as to other nationalities, but they do not represent much capital. As regards the trade of the country, it may be shortly stated that the main trade is through Delagoa Bay and Natal. The trade between Natal and Swaziland is about £70,000 a year, and it may be said that the trade and commerce of Swaziland generally have been chiefly created by the wants of the white residents, and are almost entirely in the hands of Englishmen, with the exception of one or two Germans. Little is produced in the country out of which revenue can be collected. The present revenue of the country mainly consists of rents, obligations and transfer fees due under concessions; licences, taxes, and Customs dues. The former are paid to the King or Representative of the Swazi nation, and are computed to amount to about £20,000 a year, while the other portion of the revenue, that is, the portion derived from licences, taxes, and Customs dues, may be stated at about £8,000 a year. I need not weary your Lordships by going into the early history of Swaziland, a full account of which is contained in Sir Francis de Winton's Report; but I may mention that the independence of the Swazis and the continuance of that independence were fully recognised by Article 12 of the Convention of 1884, known as the Convention of London, and made between this Government and the South African Republic. I may add that Her Majesty's Government have throughout desired to proceed on the lines of that Convention, to maintain Article 12 in its integrity, and to secure the independence of the Swazis. It will be convenient that I should state shortly the position of the two countries under the Convention of 1884 as regards Swaziland, as it had, of course, an important bearing upon the conduct of the negotiations. Under Article 12, by which the independence of Swaziland was recognised, it would not be competent for Her Majesty, without breach of that Article, to take Swaziland under her protection in the recognised meaning of that expression. But Her Majesty's Government can, under Article 2 of that Convention, if they think fit, appoint Commissioners and a body of police in Swaziland to maintain order and prevent encroachments in Swaziland. Upon the appeal of the Swazi King Her Majesty might afford him help required to protect the independence of his territory, but again, without breach of Article 12 of the Convention, Her Majesty could not accept a surrender of his dominions and declare them to be British territory. On the other hand, the Government of the South African Republic cannot take any steps to annex Swaziland, without breach of the Convention, nor can they conclude any Treaty of protection over Swaziland, until Her Majesty has approved, nor can they appoint Commissioners under Article 2. In 1886 Mr. Theophilus Shepstone was appointed adviser to the King, and to secure good government over the white settlers a representative white Committee was appointed in July, 1887. The members of that Committee, however, signally failed to perform their duties, and the reasons are very graphically given by Sir Francis de Winton in his Report. He states that— The minutes of the proceedings of this Committee, with the exception of those of September, 1889 (not entered), show that some attempt was made, at the commencement, to administer the affairs of the white residents in Swaziland by the members composing it; but the Committee having no experience in administration, and nearly all having private interests in the country, the record of these minutes are a painful evidence of internal dissensions, continued differences, and an absence of any desire to contribute to the real welfare of the country. Latterly, the country was left to govern itself, as the members-were engaged in getting concessions for themselves and their friends. The Committee was dissolved in 1889, and in October of that year King Um-bandine died and a regency was started. And now I will refer very briefly to the course of events which has led to the appointment of the Commission of Inquiry, and to the present negotiations. In January, 1889, matters had got into a very serious and dangerous state. The King had granted concessions to everybody, right and left, and the history of these concessions, as has been observed by Sir Francis de Winton, is probably without parallel, for the King and his Council in Swaziland had not only granted away all their actual property and territory, but also all those rights which should only belong to the Government of a country. On January 30, 1889, Sir Hercules Robinson reported to me that the time had arrived for Her Majesty's Government to decide whether the British Government or the Transvaal Government should now take over Swaziland. In March we received proposals from the South African Republic; they proposed that the territory of Swaziland should be added to the Republic, and said that they considered this "the only practical solution of the danger of disturbances." At that time our information was very insufficient as to the real state of things, and very contradictory as to the wishes of the King of the Swazis and his people. Her Majesty's Government, therefore, proposed a Joint Committee of Inquiry, and ultimately Sir Francis de Winton was appointed to act in conjunction with the Transvaal Commissioners. I would observe, in passing, that it will be seen from the Papers that Her Majesty's Government have always been fully alive to the necessity of preventing a separate interference in Swazi matters by the South African Republic; and in June, 1889, for example, when we learned that an officer was going to be sent by the President into Swaziland, on the ground that it was alleged that disturbances would take place in the following July, Her Majesty's Government immediately telegraphed out that they would not sanction separate action, and that they would send up, as, in fact, we did send up, Colonel Martin with, police to act with the Transvaal officers. On September 36 of last year Sir Francis de Winton was appointed. I will not trouble your Lordships with the instructions which were issued to Sir Francis de Winton. They will appear with the Report which will be presented to Parliament. I will only read one paragraph of the instructions given to him, as showing the line we desired to take in reference to this matter. In your discussions with the Commissioner of the South African Republic and in any recommendation you may make, you are at liberty to take into consideration the relations of the affairs of Swaziland to the interests of South Africa generally; bearing in mind that Her Majesty's Government desire to arrive at a satisfactory and enduring understanding with the South African Republic in regard to all the tribes and countries bordering thereon, and that it is an essential feature of our policy that there shall be no undue restrictions on the developmemt and advancement of British trade and enterpaise in any part of South Africa. But pending those proceedings and the settlement of the question it was necessary to appoint a temporary Commission to keep peace and order in Swaziland, in place of the White Committee, to which I have before referred, and Colonel Martin was appointed the British Commissioner. I desire now publicly to express our sense of the good service rendered by Colonel Martin, for it is largely owing to his tact and judgment that peace and order have been hitherto preserved under very trying circumstances in Swaziland. Turning again to the Report of Sir Francis de Winton, it is manifest from what I have said of the legal position of the Governments of the two countries with regard to Swaziland that there were three alternative courses which might be taken consistently with the preservation of the independence of the Swazis—either the government of the whites might be handed over to the Transvaal Government, or we might take it in hand ourselves, or there might be a Joint Government. Sir Francis de Winton's recommendations were opposed to a Joint Government. He thought that complications would probably arise from that form of government. He pointed out in his Report the conditions under which alone Her Majesty' Govern- ment could administer the government of the whites; that it would cost about £22,000 a year, and that we should not have any full command of the Revenues; and there were other reasons which he urged for consideration if that course was to be adopted. He also laid down nine conditions which would have more or less to be observed and enforced if the government of the white settlers was to be handed over to the South African Republic. On the whole, looking to his Report and remembering the conversations which I have had with him, I think I am not doing him an injustice in saying that he was in favour of our allowing the South African Republic to take over the administration of the government of the white settlers. But, after very fall and careful consideration, and looking to the strong feeling in this country, and also to what we believed to be the strong feeling of the, Swazis, Her Majesty's Government decided in favour of a Joint Government over the white settlers. I need not now trouble your Lordships with the details of the various points which have been discussed before the terms of the Convention were settled; but merely say that, subject to the main principles of preserving the independence of the Swazis and securing the Joint Government over the white settlers, we have been most anxious to meet the wishes of the South African Republic. The exact terms of the Convention, as finally settled and as signed yesterday, and which the President is going to lay before the Volksraad today, have not yet arrived, but we know sufficient of the substance of them, from the draft agreements and correspondence which has passed, and I am able to point out the main features of the Convention to your Lordships:—1. The independence of the Swazis, as recognised by the Convention of 1884, is re-affirmed and secured; the control and management by the Swazi Government of all affairs in which natives are concerned remain unaffected. 2. It is provided that there shall be a joint administration over the white settlers, under a proclamation to be issued by the Swazi Regent and Council. 3. A Court of Justice will be established to administer Roman Dutch law; to decide all cases, criminal or civil, between white settlers; and to inquire into the validity of disputed con- cessions. 4. All lawfully acquired rights are to be recognised by the Joint Government Committee, and by all Judicial Tribunals. 5. The Government of the South African Republic undertakes not to interfere to the north or north-west of the Republic, and to support by its influence the establishment of order and government by the British South Africa Company within the jurisdiction and under the powers granted to that company by their charter. 6. Her Majesty's Government recognise the right granted to the South African Republic by concession from the Swazi King to construct a railway through Swaziland towards the sea. They also approve of the South African Republic making Treaties to secure a right to continue that railway to the sea at, or near, Kosi Bay, and to obtain a concession of an area of ten miles in radius from a point at, or near, that Bay. 7. Provision is made to prevent the sovereignty, control, or management of Kosi Bay, or of the area above mentioned, falling into the hands of a foreign Power. 8. Provision is also made for the entering of the South African Republic into the existing Customs Union Convention with the Cape, the Orange Free State, and Bechuanaland, upon terms to be agreed upon. 9. Failing such agreement within six months, the arrangement as to Kosi Bay is to lapse, but the Joint Government of Swaziland will continue for three years certain, and will not be terminated after the expiration of the three years unless six months' previous notice be given by either Party. If the South African Republic enters into the Customs Union, no limit of lime is named for the ending of the Convention. I fear that I have troubled your Lordships at some length, but some such short sketch of the position of affairs was necessary to enable your Lordships to appreciate the effect of the Agreement that has been made with the South African Republic, and I trust that when that Agreement is looked at, and when the position of the two countries with respect to Swaziland is understood, the country will approve of it, and will regard it as a satisfactory arrangement. The independence of Swaziland is secured, a Joint Government is provided for the white settlers, and we have been able to satisfy the natural, and very legitimate, desire of the South African Republic to have some port on the sea coast, while at the same time provision has been made to prevent that harbour, or port, from falling into the hands of a foreign Power. Although all the terms of the Convention may not approve themselves to every body, yet I feel confident that the Convention, on the whole, will be approved in this country as a satisfactory settlement of questions which were in a very unsettled condition, and which would, undoubtedly, if left unsettled, have led to grave complications and very serious trouble. I desire, in conclusion!, to recognise the friendly attitude of the South African Republic throughout this matter, and the good services rendered by Mr. Hofmeyr, who, at great personal inconvenience, went up himself to advise the President as regards the Convention. Nor can I conclude without bearing testimony to the great services, ability, and judgment shown by Sir Francis de Winton and Sir Henry Loch. It is largely owing to the tact and judgment of Sir Henry Loch that this troublesome question has been, as I trust, settled in a friendly spirit, and that our good relations with the South African Republic-have been maintained unimpaired.

THE EARL OF KIMBERLEY

My Lords, I am sure every one must have listened with the greatest interest to the statement of the noble Lord opposite. The matter is so complicated and important that I think it would be unwise to enter into any discussion, or to express any opinion on it now, and until we see the Papers. I can only say that I earnestly trust that the hope which the noble Lord has expressed, that this will be a satisfactory settlement of very difficult questions, may be fulfilled. I only rise for the purpose of asking the noble Lord to say, if he can, within what territory Kosi Bay is situated, and with whom the negotiations for the construction of the railway to Kosi Bay are to be conducted. I should also like to ask whether there are any provisions in the Convention in regard to the transit of goods over that line, and as to the duties to be levied at the port.

* LORD KNUTSFORD

I have been obliged necessarily to cut my statement rather short. The territory at Kosi Bay belongs to the Queen Zambili, and is in Amatongaland. The South African Republic could not, according to the terms of the Convention of 1884, enter into any Treaty on the South-east of the Transvaal, but Her Majesty's Government will now support the Transvaal Government in making Treaties with the Chiefs and with Queen Zambili for constructing and maintaining the railway and the harbour at Kosi Bay. Attention will be paid to securing free rights over the railway which is to be constructed from the Eastern border of the Transvaal, through Swaziland, and on through the Queen Zambili's territory to Kosi Bay. I should not like to give an absolute answer on the other point until we have the Convention before us, but I have every reason to believe that the subject was discussed.

THE EARL OF KIMBERLEY

I would ask one other question if the noble Lord will pardon me, and that is whether the position of Amatongaland will be in any way altered, except as regards the particular strip of land required for the railway?

* LORD KNUTSFORD

No, except that a certain portion of land on each side of the railway will be reserved to the South African Republic, and an area of land at or near Kosi Bay.