More Than Just a Public Execution: Martial Law, Crime and the Nature of Colonial Power in British Kaffraria

Abstract

This article starts with a hanging and ends with the passing of a colony. It uses the first judicial public execution in King William's Town in 1858 to explore how colonial processes played themselves out at local level. It examines three interrelated themes: the ad hoc nature of the establishment of colonial hegemony in British Kaffraria, especially with regard to the administration of law in dealing with ‘grave’ crimes; how the influx of white settlers, particularly German mercenaries, placed pressure on the rudimentary colonial legal system and resulted in further improvised measures to deal with them; and how efforts to establish more substantial institutions of government and attempts to foster a sense of Kaffrarian identity ultimately foundered on the incorporation of British Kaffraria into the Cape Colony.

Keywords:

• British Kaffraria
• colonial power
• martial law
• colonial legal systems
• German military settlers
• fortifications
• public execution
• Cape Colony
• Eastern Cape

Acknowledgements

I am indebted to Gary Minkley, Jeff Peires, Gill Vernon and Graham Dominy for encouragement and constructive advice on early drafts of this article. I would also like to acknowledge financial assistance towards this research from the NRF (SARChI) through the University of Fort Hare. A sincere word of appreciation is extended to the four anonymous referees who made comments and suggestions. I trust that these have been satisfactorily reconciled and incorporated. The value of these inputs in adding substance and improving accuracy is appreciated.

Notes

¹Amathole Museum (henceforth AM), Record Book of the Criminal Court of British Kaffraria (henceforth RBCCBK), Session 1, Case 5, 19 December 1857; King William's Town Gazette and Border Intelligencer (henceforth KWTG), 4 December 1857.

²RBCCBK, Session 1, Case 6, 22 December 1857; KWTG, 13 June 1857.

³RBCCBK, Session 1, Case 7, 23 December 1857; KWTG, 31 October 1857 and 7 November 1857.

⁴ KWTG, 12 February 1858.

⁵The anonymous hangman was in fact Private Carl Birck, one of the small group of German police in the town and a colleague of Groullois. In a further humiliation, when he returned to his unit, the commanding officer, Lieutenant-Colonel A. von Hake, had him arrested, gaoled and discharged from the German Legion. See Western Cape Archives Depot (henceforth CAD), 1/KWT 1/23/65, Resident Magistrate, King William's Town, Statement by Eliza Birck, 15 February 2012. Carl Birck's identity was all but written out of the colonial record. His name does not appear in other documents dealing with the hangings nor does he appear in the list of German Military Settlers in J.F. Schwar and B.E. Pape, Deutsche in Kaffraria (King William's Town: King Printing Co., 1958), 29–37. Were it not for his wife's brief statement, the executioner's identity would possibly have remained a mystery. What motivated Carl Birk, a short, fair-haired 24-year-old former gardener from Bavaria, to hang his comrades is unclear. Details from his enlistment record can be found in Nolene Lassau's useful database at http://www.eastlondon-labyrinth.com/legionnaire/LegionnaireDetail.jsp?id=BIRK&fid=Carl#military, accessed 3 September 2012.

⁶ KWTG, 12 February 1858. See also W. Westphal, Ten Years in South Africa. Only Complete and Authentic History of the British German Legion (Chicago: B.S. Wasson & Co., 1892), 65–66 for his version of the fate of the executioner.

⁷S. Hynd, ‘Killing the Condemned: The Practice and Process of Capital Punishment in British Africa, 1900–1950s’, Journal of African History, 49 (2008), 403.

⁸See, e.g., C.B. de Villiers, ‘Die Administrasie van Brits-Kaffraria’ (MA thesis, UCT, Cape Town, 1933); A.E. du Toit, ‘The Cape Frontier: A Study of Native Policy with Special Reference to the Years 1847–1866’, Archives Year Book for South African History, Vol. 1 (Cape Town: Government Printer, 1954); H.P. Steyn, ‘Brits-Kaffraria, 1853–1866’ (MA thesis, UCT, Cape Town, 1962); G.S. Hofmeyr, ‘King William's Town and the Xhosa, 1854–1861’ (MA thesis, UCT, Cape Town, 1981); J.B. Peires, The Dead Will Arise (Johannesburg: Ravan, 1989); T. Keegan, Colonial South Africa and the Origins of the Racial Order (Charlottesville: University Press of Virginia, 1996); C.C. Crais, The Making of the Colonial Order: White Supremacy and Black Resistance in the Eastern Cape, 1770–1865 (Johannesburg: Wits University Press, 1992); A. Lester, Imperial Networks: Creating Identities in Nineteenth-century South Africa and Britain (London: Routledge, 2001); A. Thompson, ‘The Power and Privileges of Association: Co-Ethnic Networks and Economic Life of the British Imperial World’, South African Historical Journal, 56 (2006), 43–59.

⁹C. Crais, The Politics of Evil: Magic, State Power, and the Political Imagination in South Africa (Cambridge: Cambridge University Press, 2002), 71–87. CAD, BK 1/23/107, British Kaffrarian Gazette, 1864 and BK 1/23/108, British Kaffrarian Gazette, 1865.

¹⁰These include, in the British Kaffrarian administration series, BK 1/23/1 to BK 1/23/16; BK 1/23/40 to 108; BK 1/23/371 to BK 1/23/470 and the King William's Town Magistrate Court series 1/KWT 1/1/1/1 to 1/KWT Add 1/1/2/1.

¹¹See e.g. H.R. Hahlo and E. Kahn, eds, The Union of South Africa. The Development of its Law and Constitution (London: Stevens & Sons, 1960); A. Sachs, Justice in South Africa (London: University of Sussex Press, 1973); M. Chanock, The Making of South African Legal Culture 1902–1936: Fear, Favour and Prejudice (Cambridge: Cambridge University Press, 2001); and G. Pavlich, ‘Sustaining Sovereignty through Law at the Cape Colony, 1795–1803’, Journal of Forensic Psychology Practice, 11 (2011), 184–203. Studies of capital punishment are even rarer. See e.g. D. Welsh, ‘Capital Punishment in South Africa’, in A. Milner, ed., African Penal Systems (London: Routledge & Kegan Paul, 1969), 395–427 and R. Turrel, White Mercy: A Study of the Death Penalty in South Africa (Westport: Praeger, 2004), especially 1–33; neither of which set out to explore capital punishment in the nineteenth century in any detail. For international studies see T. McCoy, ‘Legal Ideology in the Aftermath of Rebellion: the Convicted First Nations Participants, 1885’, Social History, 42, 83 (May 2009), 175–201; R. Gocking, ‘Colonial Rule and the “Legal Factor” in Colonial Ghana and Lesotho’, Africa: Journal of the International African Institute, 67, 1 (1997), 61–85, and C.R. Pennell, ‘The Origins of the Foreign Jurisdiction Act and the Extension of British Sovereignty’, Historical Research, 83, 221 (August 2010), 465–485. An interesting analysis of martial law in a later period is provided by J. Hyslop, ‘Martial Law and Military Power in the Construction of the South African State: Jan Smuts and the “Social Guarantee of Force”’, Journal of Historical Sociology, 22, 2 (June 2009), 234–268.

¹²Sachs, Justice in South Africa, 33.

¹³Chanock, Making of South African Legal Culture, 23.

¹⁴Chanock, Making of South African Legal Culture, 30.

¹⁵M. Chanock, ‘Writing South African Legal History: A Prospectus’, Journal of African History, 30, 2 (1989), 265.

¹⁶E.g. Hofmeyr, ‘King William's Town and the Xhosa’, 169; Crais, Making of Colonial Order, 144–146; Keegan, Colonial South Africa, 219–221, 233; and L. Switzer, Power and Resistance in an African Society: The Ciskei Xhosa and the Making of South Africa (Madison: University of Wisconsin Press, 1993), 52–75.

¹⁷Lester, Imperial Networks, 187–188.

¹⁸J.B. Peires, The House of Phalo (Johannesburg: Ravan, 1981), 165–167, provides details of Smith's histrionics and the setting up of British Kaffraria.

¹⁹ British Parliamentary Papers (BPP), Correspondence Relative to the Kafir Tribes 1848, 42, Estimate: Walpole; AM, W579, Plan of King William's Town … 10 September 1849.

²⁰K.I. Watson, ‘African Sepoys? The Black Police on the Eastern Cape Frontier: 1835–1850’, Kleio, 28, 1 (1998), 70.

²¹ BPP, 1848, 29, General Orders 124, Mackinnon, 24 December 1847; Peires, Dead Will Arise, 5–6.

²² BPP, 1848, 42, Memorandum: Smith, 27 December 1847.

²³CAD, BK 1/23/371, Letters Despatched to High Commissioner, 1848–1854, No. 85: Regulations respecting civilians in British Kaffraria, Mackinnon, 11 December 1848.

²⁴Peires, House of Phalo, 169.

²⁵ BPP, Correspondence Relative to the Kafir Tribes 1852, 1, Despatch, Smith-Grey, 27 January 1851; BPP, Correspondence Relative to the Kafir Tribes 1852., 2–3, Despatch, Smith-Grey, 17 April 1851.

²⁶G. Cathcart, Correspondence of Lieut.-General the Hon. Sir George Cathcart Relative to his Military Operations in Kaffraria (London: John Murray, 1856), 28–30, Report: Cathcart-Grey, 11 February 1853; 54–55, Despatch: Cathcart-Pakington, 20 May 1852.

²⁷BPP, Correspondence Relative to the Kafir Tribes and the Recent Outbreak on the Eastern Frontier 1853, 134, Enclosure 2 in No. 28, Cathcart-Commanding Royal Engineer, 12 June 1852.

²⁸BPP, Correspondence Relative to the Kafir Tribes and the Recent Outbreak on the Eastern Frontier 1853, 134, Enclosure 2 in No. 117, Despatch: Cathcart-Secretary of State for Colonies, 20 May 1852.

²⁹BPP, Correspondence Relative to the Kafir Tribes and the Recent Outbreak on the Eastern Frontier 1853, 134, Enclosure 2 in No. 44, Despatch: Cathcart-Earl Grey, 20 April 1852.

³⁰BPP, Correspondence Relative to the Kafir Tribes and the Recent Outbreak on the Eastern Frontier 1853, 134, Enclosure 2 in No. 45, 62, Despatch: Cathcart-Earl Grey, 20 April 1852.

³¹BPP, Correspondence Relative to the Kafir Tribes and the Recent Outbreak on the Eastern Frontier 1853, 384, Letter: Cathcart-Maclean, 19 January 1854.

³²Du Toit, ‘Cape Frontier’, 82, Letter: Cathcart-Maclean, 4 April 1853.

³³Du Toit, ‘Cape Frontier’, 88, Governor Grey-Secretary Grey, 22 December 1854.

³⁴Quoted in Peires, Dead Will Arise, 57. See D. Gordon, ‘A Sword of Empire? Medicine and Colonialism in King William's Town, Xhosaland, 1856–1891’, African Studies, 60, 2 (2001), 169, for the details of Grey's establishment of another colonial institution, the Native Hospital.

³⁵ BPP, Correspondence Relative to the Kafir Tribes and to the Recent Outbreak on the Eastern Frontier1853, 245, Newcastle-Cathcart, 14 March 1853. See also W.B. Tyler, ‘Sir George Grey, South Africa and the Imperial Military Burden, 1855–1860’, Historical Journal, 14, 3 (1971), 582, for discussion of the trend of reducing imperial garrisons.

³⁶See Peires, Dead Will Arise and the many articles inspired by this, such as H. Bradford, ‘Akukho Ntaka Inokubhabha Ngephiko Elinye (No Bird Can Fly on One Wing): The ‘Cattle-Killing Delusion’ and Black Intellectuals, c1840–1910’, African Studies, 67, 2 (August 2008), 209–232.

³⁷Peires, Dead Will Arise, 267, 319.

³⁸Peires, Dead Will Arise, 218–221.

³⁹Peires, Dead Will Arise, 56. Over and above this, Grey managed to suck the imperial government into additional commitments by defiantly keeping the German military settlers on full pay and through his immigration scheme for German civilians. An indication of how Grey played fast and loose with finances is provided by Du Toit, ‘Cape Frontier’, 121–122, 124–126.

⁴⁰ BPP, 1848, 27, Proclamation, Smith, 23 December 1847.

⁴¹N. Simon, The Statutes of the United Kingdom of Great Britain and Ireland, Vol. XIV (London: George Eyre & Andrew Spottiswoode, 1838), 151–152, ‘An Act for the Prevention and Punishment of Offences committed by His Majesty's Subjects within certain territories adjacent to the Colony of the Cape of Good Hope’. It was also referred to by officials as ‘the Act 6 & 7 William IV Chapter 57’.

⁴²See, for e.g. C.F.J. Muller, Five Hundred Years: A History of South Africa (Pretoria: Academica, 1969), 160, 162–163, 170.

⁴³P.R. Spiller, ‘The Jury System in Early Natal (1846–1874), Journal of Legal History, 8, 2 (1987), 129.

⁴⁴CAD, BK 1/23/371, No. 85, Regulations respecting civilians in British Kaffraria, Mackinnon, 1 January 1849.

⁴⁵CAD, BK 1/23/371, No. 85, Regulations respecting civilians in British Kaffraria, Mackinnon, 1 January 1849.

⁴⁶Du Toit, ‘Cape Frontier’, 41–42.

⁴⁷Du Toit, ‘Cape Frontier’, 41.

⁵¹CAD, BK 1/23/65, Resident Magistrate, KWT, 1853–1858, Letter, Taylor-Maclean, 10 July 1853.

⁴⁸ Correspondence of Cathcart, 296, Letter, Cathcart-Clerk, 18 May 1854.

⁴⁹CAD, BK 1/23/10, Crown Reserve, 1855–1866, Circular, Assistance of the Military Requested Civil Courts, Maclean, 28 April 1851.

⁵⁰CAD, 1/KWT 1/1/1/1, Criminal Cases, Preliminary Examination Coniwa and John Brown, 17 October 1853.

⁵²CAD, BK 1/23/97, Letter, Maclean-Col. Taylor, 11 December 1856.

⁵³Anti-Annexation Committee, British Kaffraria. The People's Blue Book Containing the True and Full Account of the Political Commotion in British Kaffraria, Its Rise and Progress … Anti-Annexation Committee (King William's Town: SE Rowles, 1863), 3; Correspondence of Cathcart, 295, Letter, Cathcart-Clerk, 18 May 1854.

⁵⁴ BPP, Further Papers Relative to the State of the Kaffir Tribes, 1855, Despatch, Cathcart-Newcastle, 16 August 1853, 12–13; Correspondence of Cathcart, 290–291, Letter: Cathcart-Clerk, 18 May 1854.

⁵⁵Peires, Dead Will Arise, 283.

⁵⁶ Correspondence of Cathcart, 385, Letter: Cathcart-Maclean, 29 March 1854.

⁵⁷Peires, House of Phalo, 66–68, 219–237.

⁵⁸CAD, BK 1/23/95 Military, 1852–1858, Letter, Montgomery-Maclean, 30 January 1854; BK 97, Letter, Taylor-Maclean, 27 August 1857; BK 1/23/95, Letter, Commanding Officer Fort Hare-Maclean, 29 May 1854.

⁵⁹CAD, BK 95, Letter, Smyth-Maclean, 10 March 1855.

⁶⁰CAD, BK 1/23/14, President, Criminal Court Commission, 1856–1860, Letter, Seymour-Maclean, 14 February 1854.

⁶¹See CAD, 1/KWT 1/2/1/1-1/KWT 1/2/1/3, Criminal Record Books, 1853–1862.

⁶²CAD, 1/KWT Add 1/1/1/1, Special Magistrates Court, 1857–1861.

⁶³CAD, 1/KWT 1/2/1/1, Criminal Record Book, 1856, Cases for January 1856, ‘Allowing lungsick cattle to loiter, graze and die about the post’ (Fort Hare).

⁶⁷CAD, BK 1/23/371, Mackinnon-Smith, Annual Report for British Kaffraria, 1 January 1849.

⁶⁴CAD, BK 1/23/371, Letter, Mackinnon-Smith, 2 July 1849.

⁶⁵CAD, BK 1/23/371, Letter, Mackinnon-Smith, 25 October 1849.

⁶⁶CAD, BK 1/23/371, Letter, Mackinnon-Smith, 21 February 1850.

⁶⁸CAD, BK 1/23/371, Letter, Maclean-Cathcart, 17 September 1853; BK 1/23/371, Letter, Maclean-Liddle, 24 October 1853; BK 1/23/375, Schedule of Documents Submitted to H.E. High Commisioner, 1852–1854, No. 82 Submitted to Cathcart for signature.

⁶⁹ Correspondence of Cathcart, 296, Letter: Cathcart-Clerk, 18 May 1854.

⁷⁰F. Fleming, Kaffraria, and its Inhabitants (London: Smith, Elder & Co., 1853), 54–56.

⁷¹ BPP, State of Kaffir Tribes 1857, 41, Enclosure 1, Census of European Population Exclusive of Military, British Kaffraria.

⁷²W.F. Butler, The Life of Sir George Pomeroy-Colley (London: John Murray, 1899), 25–26.

⁷³ KWTG, 22 February 1861, Government Notice No. 17 of 1861, Population and Land Returns for Year Ended 31 December 1860.

⁷⁴Schwar and Pape, Deutsche in Kaffraria, 13. A comprehensive recent account of the German Legion is provided by J. Laband, ‘From Mercenaries to Military Settlers: The British German Legion, 1854–1861’, in S.M. Miller, ed., Soldiers and Settlers in Africa, 1850–1918 (Leiden: Brill, 2009), 85–122.

⁷⁵Schwar and Pape, Deutsche in Kaffraria, 39–43; 63.

⁷⁶ Correspondence of Cathcart, 327–329, Government Notice, 11 August 1853.

⁷⁷CAD, GH 30/5 Letterbook, 1858–1860 (British Kaffraria), Government Notice No. 302, 12 July 1858.

⁷⁸ KWTG, 22 February 1861, Government Notice No. 17 of 1861, Population and Land Returns for Year Ended 31 December 1860.

⁷⁹Westphal, Ten Years, 19–20; J.F. Schwar and R.W. Jardine, eds, The Letters and Journal of Gustav Steinbart, Vol. 1 (Port Elizabeth: UPE, 1975), 31, Letter, 25 October 1856. Laband, ‘Mercenaries to Military Settlers’, 97, mentions riots and conflict at Shorncliff, Aldershot and Colchester.

⁸⁰Laband, ‘Mercenaries to Military Settlers’, 106. Laband seems to suggest Grey and Labouchere resolved the anomalous dual status of the German military settlers by the passage of ‘the Articles of War and Mutiny Act’ in 1857. In fact, the Germans were placed under the jurisdiction of the existing Articles of War of the British Army and relevant regulations governing mutiny by the Cape of Good Hope Act, ‘An Act for establishing more effectually the Settlement in the Colony of certain Military Settlers’ (Act No. 5 of 1857), BPP, German Emigration (Cape of Good Hope), 1858, 27, Despatch, Grey-Labouchere, 6 July 1857, Enclosure , ‘Act No. 5 of 1857’.

⁸³‘Journal of Colonel Holdich’, 14 March 1857 in Boyden, British Army in Cape Colony, 147. See also 145 and 148 for further comments about the lack of Xhosa involvement in serious crime.

⁸¹See e.g. P.H. Butterfield,ed., ‘The African Journal of Captain Alfred Nixon of the 89th Regiment of Foot, 1856–1857’, Looking Back, 21,1 ( March 1981), 6 (entry for 21 January 1857), 6–7 (entry for 6 February 1857), 7 (entry for 17 February 1857).

⁸²Of two prominent murders attributed to the Xhosa, in one of them a soldier killed in East London by Xhosa was found to have been molesting Xhosa women. See ‘Journal of Colonel Edward Holdich, 80th Regt’, 26 February 1857, in P.B. Boyden, ed., The British Army in Cape Colony. Soldiers’ Letters and Diaries, 1806 –58 (Chippenham: Society for Army Historical Research, 2001), 145. The other was the murder of Capt. Ohlsen. Although the Xhosa were blamed, the murder remained a mystery. There is a suggestion he may actually have been killed by a fellow German officer. See AM File, ‘Cemeteries & Memorials, No. 1’; also Schwar and Jardine, Gustav Steinbart, Vol.1, 162–164.

⁸⁴CAD, BK 1/23/2 Letters Received High Commissioner, 1857–1858, Notice, 23 November 1857; BK 1/23/397, Letter, June 1858 concerning Private Schwartz and ‘unnatural crime’.

⁸⁵RBCCBK, Session 1, commencing 15 December 1857.

⁸⁶I am indebted to Gary Minkley for pointing out some of the nuances of the German military settlers and crime.

⁸⁷M. Wallace, A History of Namibia (Auckland Park: Jacana, 2011), 180.

⁸⁸RBCCBK, Session 5, case 6, 5 April 1858 and Session 6, case 6, 14 December 1858; Session 7, cases 13 and 14, 24 September 1861; Session 5, case 7, 5 April 1858.

⁸⁹Peires, Dead Will Arise, 203–214.

⁹⁰RBCCBK, Session 7, cases 1–19, September 1861.

⁹¹Schwar and Jardine, Gustav Steinbart, Vol. 1, 89, Letter, 20 January 1858.

⁹³ BPP, German Emigration (Cape of Good Hope), 1858, 34–35, Despatch, Grey-Labouchere, 26 November 1857.

⁹²E.L.G. Schnell, For Men Must Work (Cape Town: Maskew Miller, 1954), 129.

⁹⁴ KWTG, 7 November 1857.

⁹⁵CAD, BK 1/23/14, Letter, Barrington-Maclean, 22 April 1857; CAD, BK 1/23/14, Memorandum, Barrington-Maclean, 30 April 1857.

⁹⁶ Correspondence of Cathcart, 295–296, Letter: Cathcart-Clerk, 18 May 1854.

⁹⁷ KWTG, 7 November 1857, Proclamation Constituting a Court for the Trial of Certain Criminal Offences Committed in the Territory of British Kaffraria, 17 October 1857.

⁹⁸Peires, Dead Will Arise, 191–214; W.J. de Kock and D.W. Kruger, eds, Dictionary of South African Biography, Vol.2 (Cape Town: HSRC, 1972), 17; D.W. Kruger and C.J. Beyers, eds, Dictionary of South African Biography, Vol. 3 (Cape Town: HSRC, 1977), 51; Peires, Dead Will Arise, 331. See also David Morris' genealogical research on Vigne on his website http://www.elsmere.itgo.com/catalog.html, accessed 2 January 2012.

⁹⁹ KWTG, 27 February 1858.

¹⁰⁰RBCCBK , Case no. 2, 1–3 September 1858. In a further twist in the tale, Schermbrucker as an acting clerk in the Magistrates Court and a sworn interpreter, interpreted in Dahl's preliminary investigation (CAD, 1/KWT 1/2/2/2, copy of summons signed by Schermbrucker, 7 December 1857; and 1/KWT 1/2/1/1/3, Schermbrucker's oath as interpreter, 6 June 1857).

¹⁰¹W.J. de Kock, ed., Dictionary of South African Biography, Vol. 1 (Cape Town: National Council for Social Research, 1968), 688–690.

¹⁰² British Kaffraria. People's Blue Book, Appendix G, Census Return of Population British Kaffraria.

¹⁰³Schwar and Pape, Deutsche in Kaffraria, 19.

¹⁰⁴Westphal, Ten Years, 60. Stutterheim later gambled away the remains of his fortune and committed suicide. See J. French and H.W. Kinsley, ‘Baron Richard von Stutterheim’, Military History Journal, 3, 4 (December 1975), 138–141. For scathing comments on his character see the 1910 article by J. Fehensenfeld republished in J.F. Schwar and R.W. Jardine, The Letters and Journal of Gustav Steinbart, Vol. 2 (Port Elizbeth: University of Port Elizabeth, 1978), 7.

¹⁰⁵ British Kaffraria. People's Blue Book, 11, Address to Prince Alfred; S. Solomon, The Progress of His Royal Highness Prince Alfred Ernest Albert Through the Cape Colony, British Kaffraria, the Orange Free State, and Port Natal, in the Year 1860 (Cape Town: Saul Solomon & Co, 1861), 59–61. See R. Levine, ‘Prince Alfred in King William's Town, South Africa: 13 August 1860’, Rethinking History, 14, 1 (2010), 137–144 for a different perspective on the visit.

¹⁰⁶ British Kaffraria. People's Blue Book, 2–5.

¹⁰⁷I am indebted to Jeff Peires for pointing out Grey's conduct in this regard.

¹⁰⁹ British Kaffraria. People's Blue Book, 18–19.

¹⁰⁸ British Kaffraria. People's Blue Book, 11–14, Proclamation 61, 26 October 1860.

¹¹⁰ British Kaffraria. People's Blue Book, 19.

¹¹¹ KWTG, 15 February 1861, ‘Ordinance 1 of 1861’.

¹¹⁴ British Kaffraria. People's Blue Book, 6, article from Queen's Town Free Press.

¹¹² Cape of Good Hope Parliamentary Papers, Correspondence between H.E. Sir Philip Wodehouse, K.C.B., the Imperial Government, and Certain Public Officers, Relative to the Administration of Affairs in Kafirland and the Annexation of British Kaffraria, 1865, 11, Letter, Newcastle-Wodehouse, 31 July 1863.

¹¹³ British Kaffraria. People's Blue Book, 20, extract of Wodehouse's speech at opening of Cape parliament, 24 April 1862; British Kaffraria. People's Blue Book., 28, Wodehouse's response to petition from Kaffrarians; British Kaffraria. People's Blue Book., 40, Bill for Incorporation of British Kaffraria with the Colony of the Cape Good Hope.

¹¹⁵Anon., The Military Defence of South Africa. A Collection of Documents and Correspondence in Reference to the Proposed Withdrawal of the Troops from South Africa (Cape Town: Pike & Byles, 1867), 1, 6–7; C. Pote, Letter to the Right Hon. W.E. Gladstone Her Majesty's Prime Minister (Grahamstown: Richards, Glanville & Co., 1869), 1, 17.

¹¹⁶C.C. Saunders, ‘The Annexation of the Transkeian Territories’, Archives Year Book for South African History (Pretoria: Government Printer, 1978), 1–192.

¹¹⁷D.A. Webb, ‘King William's Town During the South African War, 1899–1902’ (MA thesis, Rhodes University, 1993), 233–236. This included the Masters and Servants Act (Act 18 of 1873), the Prevention of Vagrancy and Squatting Act (Act 23 of 1879), the Suppression and Punishment of Certain Offences Act (Act 27 of 1882), the Contagious Diseases Act (Act 39 of 1885), the Local Bodies Increased Powers Act (Act 12 of 1893) and the Liquor Act (Act 28 of 1898).

¹¹⁸Anthony Trollope, writing a little more than a decade later, confessed that he had only a dim recollection of British Kaffraria and that few Englishmen even amongst those who followed current affairs would recall its existence as a separate colony adjacent to the Cape Colony: A. Trollope, South Africa, Vol. 1 (London: Chapman & Hall, 1878), 181, 185.