r in the Church, nor
in the State."
"These principles" says Mr. Bovill, "are so engrained in the mind of an
average Boer that we can never expect anything to be done by the
Volksraad for the natives in this respect. It appears inconceivable," he
continues, "that a Government making any pretence of being a civilized
power, at the end of the nineteenth century, should be so completely
ignorant of the most elementary principles of good government for such a
large number of its subjects."
As to the access by the natives to the Courts of Law.
"If you ask a native he will tell you that access to the law-courts is
much too easy, but they are the Criminal Courts of the Field Cornets and
Landdrosts. He suffers so much from these, that he cannot entertain the
idea that the Higher Courts are any better than the ordinary Field
Cornets' or Landdrosts'. However, there are times when with fear and
trepidation he does appeal to a Higher Court. With what result? If the
decision is in favour of the native, the burghers are up in arms, crying
out against the injustice of a judgment given in favour of a black
against a white man; burghers sigh and say that a great disaster is
about to befall the State when a native can have judgment against a
white man. The inequality of the blacks and superiority of the white
(burghers) is largely discussed. Motions are brought forward in the
Volksraad to prohibit natives pleading in the Higher Courts. Such is the
usual outcry. Summary justice (?) by a Landdrost or Field Cornet is all
the Boer would allow a native. No appeal should be permitted, for may it
not lead to a quashing of the conviction? The Landdrost is the friend of
the Boer, and he can always "square" him in a matter against a native.
"It was only to prevent an open breach with England that these appeals
to the Higher Courts were permitted in a limited degree."[33]
No. 2.--The Native Marriage Laws. "Think," says Mr. Bovill, "what it
would mean to our social life in England if we were a conquered nation,
and the conquerors should say: 'All your laws and customs are abrogated;
your marriage laws are of no consequence to us; you may follow or leave
them as you please, but we do not undertake to support them, and you may
live like cattle if you wish; we cannot recognise your marriage laws as
binding, nor yet will we legalise any form of marriage among you.' Such
is in effect, the present position of the natives in the Transvaal.
"I occa
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