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who do not take up an inimical attitude whilst by section 9 those who refuse to subject themselves, which implies some form of active submission, are ordered to leave the country.
The proclamation seems to me on this point to make the confusion referred to already between the rights of a temporary military occupation during war, and the rights of a definite dominant and permanent occupation after war.
I agree with the above opinion,
•
J. SCOTT,
Deputy Judge Advocate-General.
F. H. JEUNE, Judge Advocate-General.
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8. No one who does not take up an inimical attitude towards the Governments of the Orange Free State or South African Republic, or their officers, officials, laws, or orders will experience any harm.
9. Those who refuse to subject themselves are hereby granted permission to leave, within the period of fourteen, days, the territory conquered by the Forces.
10. All persons who have been driven from their farms or homes, or have fled, and who are now willing to subject themselves to the conditions of this Proclamation, may return to their homes. Given and ordered by me at Colesberg, Cape Colony, this 14th day of November, 1899.
E. R. GROBLER,
Head Commandant of the Southern Army Division of the Orange Free State Bargher Force.
January 19, 1900.
PROCLAMATION.
By the Head Commandant, Chief in Command of the Southern Division of the Free State Burgher Force, on the border of the Cape Colony.
I, Esais Reinier Grobler, Head Commandant of the Southern' Division of the Burgher Forces of the Free State and the Force from the Transvaal joined thereto, having noted the Proclamation of Hi Honour the State President of Orange Free State, dated at Bloemfontein, the 14th October, 1899, whereby the Chief Commanders of the several divisions of the Burgher Forces of the Orange Free State are empowered to take steps in regard to the measures to be taken against communities, towns, or persons acting in conflict with the usages of the war which has been forced upon the people of the South African Republic and the Orange Free State by the Government of Her Majesty the Queen of Great Britain and Ireland,
Seeing that the success of the arms of the United Republics has led to the taking possession of a portion of the Colony of the Cape of Good Hope, and that it appears necessary to take measures against the communities, towns, and persons in the said portion of the country taken by the burghers and troops of the South African Republic and Orange Free State that act in conflict with the usages of warfare, and also to take measures in reference to the needs and for the support of the burghers and troops of the South African Republic and Orange Free State at present there stationed:
Have appointed and do hereby establish, by virtue of the power in me vested by the former detailed Proclamation, and do hereby generally make known the following rules and regulations:
1. In the territory, with its inhabitants, extending over the country at present occupied by the officers, burghers, and troops of the Orange Free State, or which may hereafter be occupied by them. the Martial Law of the Free State, as embodied in Law No. 10 of 1899, is hereby declared to be applicable to every deed which may tend to endanger the safety of the burghers and men, injure them, or assist the enemy,
2. The Martial Law before mentioned is regarded as in force throughout the whole extent of a ward, district, or other division, or area of administration as soon as this Proclamation has been made known by placarding or by announcement in one of the communities thereof.
3. All persons who do not constitute a portion of the British Army, and who
(A) Serve the enemy as spies;
(B) Cause the burghers and men of the South African Republic and Orange Free State to lose
their way when acting as their guides;
(c) Kill, murder, or rob persons belonging to the men of the two Republics or form a part of
their following and train :
(D) Destroy bridges or damage telegraph lines, heliographic apparatus, or railways, or in any way cause damage to parts or portions of the same, whereby the Republics may be hindered, or her people or property damaged, or even they who in any way endeavour to repair or improve the damage done to property or apparatus, or who set fire to the ammunition, war supplies, quarters, or camps of the Republican Forces; or in any way damage them :
(E) Take up arma against the Forces of the said Republics-
Shall, at the discretion of the Coutrcil of War, be punished with death or imprisonment not exceeding fifteen years.
4. The person entrusted with the prosecution or accusation will have to see that a Conncil of War is established for the purpose of going into the merits of each case, and the pronouncing of
sentence.
5. No verdict involving capital punishment shall be carried out before it has been confirmed by the President of the Free State,
6. All Head Cominandants or Commanding Officers of separate or independently acting troops. commandos, or divisions, have the right to requisition what is necessary for the support of the burghers and men. Requisitions for other necessaries which are considered essential for the well- being of the Army can only be ordered by the Head Commandant or the officer acting as such.
In any case, nothing will be demanded from the inhabitants except what is necessary for the support of the men, and everything will, if not paid for in cash, have an official receipt given for it.
7. And I hereby further officially notify that life and property will be secured to all who place themselves under the protection of the Government of the Orange Free State or of the South African Republic and their lawfully appointed officers and officials, whose laws and orders they will obey and carry out.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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