your Honour's own hands. The destruction of property
is most distasteful to me, and I shall be greatly pleased when your
Honour's co-operation in the matter renders it no longer necessary.'
This raises the question of the legality of the burning of farmhouses in
the vicinity of the place where the railway is cut. The question
presented itself forcibly to my mind when I saw with my own eyes the
tall plumes of smoke rising from six farmhouses, De Wet's among them, in
the neighbourhood of Roodeval. There is no doubt whatever that in the
war of 1870--the classic type of modern war--the villages and
populations near the scene of a cut railway were severely punished. But
The Hague Conventions had not then been signed. On the one hand, it may
be urged that it is impossible without such disciplinary measures to
preserve a line of 1,000 miles running all the way through a hostile or
semi-hostile country. Also that it is 'imperatively demanded by the
necessities of war.' On the other hand, there is Article L., which says,
'No general penalty can be inflicted on the population on account of the
acts of individuals, for which it cannot be regarded as collectively
responsible.' An argument might be advanced for either side, but what
will actually determine is the strongest argument of all--that of
self-preservation. An army situated as the British Army was, and
dependent for its supplies upon its communications, _must_ keep them
open even if it strains the Conventions in doing so. As a matter of
fact, farm-burning had no effect in checking the railway-cutting, and
had a considerable effect in embittering the population. Yet a General
who was cut off from his base thirty times in a month was bound to leave
the argument of legality to the jurists, and to adopt the means which
seemed most likely to stop the nuisance. The punishment fell with cruel
injustice upon some individuals. Others may have been among the actual
raiders.
On September 2 Lord Roberts communicated his intentions to General
Botha:
'SIR,--I have the honour to address your Honour regarding the operations
of those comparatively small bands of armed Boers who conceal themselves
on farms in the neighbourhood of our lines of communication and thence
endeavour to damage the railway, thus endangering the lives of
passengers travelling by train who may or may not be combatants.
'2. My reason for again referring to this subject is that, except in the
districts occupied
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