o be one
not merely of justice, but of clemency, which the whole white
population of the Colony might well accept as satisfactory, and
which should not, any more than the ordinary administration of
justice, encourage the natives to think that the two white races
are permanently disunited, while with especial reference to the
third reason, it may be observed that the expediency of the
action to be taken in such cases depends upon circumstances which
must vary greatly according to date and locality. In Lower Canada
in 1837-38 there was a revolt during peace against the Queen's
authority, founded on grievances under constitutional conditions
which were recognised as unsatisfactory by the Government of the
day, and altered by subsequent legislation. In the Cape there has
been adhesion to the Queen's enemies during war by those who
have not even the pretext of any grievance, and who have for a
generation enjoyed full constitutional liberty. In Canada the
insurrection was never a formidable one from a military point of
view; in the Cape it has added very largely to the cost and
difficulty of the war, and has entailed danger and heavy loss to
Her Majesty's troops."[224]

[Footnote 224: Cd. 264.]

[Sidenote: The ministry divided.]

This estimate of the guilt of the Cape rebels--moderate in the light
of British colonial history, merciful beyond dispute as judged by the
practice of foreign States--failed to commend itself to the Afrikander
Ministry. On May 29th, when the full text of the Cape ministers'
minutes and enclosures had reached the Colonial Office, Lord Milner
inquired of Mr. Chamberlain, on behalf of his ministers, whether the
disfranchisement proposed was for life or for a period only; and
further, whether, in view of their fuller knowledge of the
representations of the Cape Ministry, the views of the Home Government
were still to be accepted as those expressed in the despatch of May
4th. To these questions Mr. Chamberlain replied, by telegram, on June
10th, that the Government continued to hold the opinion that the
policy already suggested should be substantially adhered to; while, as
to the period of disfranchisement, he pointed out that--

"conviction and sentence for high treason carried with it
disfranchisement for life, and if the offenders were spared the
other and severer penalties of reb