and identified, restitution of the same, and the said Chief shall likewise cause the party in whose possession the said property was found, to pay such amount of damages as shall be considered equitable by the Agent and Chief.

The said Chiefs do further bind and oblige themselves that in the event of information being given to them, that a murder has been committed in the colony, and the murderer has escaped beyond the boundary, they will use every exertion to apprehend and deliver the said murderer to justice, and also to afford to the Government every information with respect to the Chiefs of other tribes who may harbour in their country the murderers of colonial subjects.

And lastly, the said Chiefs do further agree that the above alterations made in the Treaty, as well as the clauses which have been now appended thereto, shall have as much force and effect as if they had been embodied in the said Treaty itself.

Thus done, agreed, sealed, and signed by his Excellency Major-General Sir George Thomas Napier, K.C.B., Governor of the Cape of Good Hope, on the part of Her Britannic Majesty, and by the Subscribing Chiefs on the part of the said Tribe of Gaika, before the undersigned witnesses at Block Drift (Chumie), the 2nd day of December, 1840.

(L.S.) GEO. NAPIER, Governor.

SANDILLA. MOGOMO. TYALI. BOTMAN.
Q'ENO. TZHATSHU. JAN TZATZOE.

J. HARE, Lieutenant-Governor.

C. LENNOX STRETCH, J.P., and Diplomatic Agent.
T. SHEPSTONE, Diplomatic Agent to Slambie Tribes.
H. F. FYNN, Diplomatic Agent to Tambookie Tribe.

(4.)-TREATY with the Chief of the Philippolis Griquas. Cape Town, October 5, 1843.

ARTICLES of Treaty and Agreement between the Governor of the Colony of the Cape of Good Hope, on the one part, and Adam Kok, Chief of the Philippolis Griquas, on the other part.

ART. I. The Chief of the Philippolis Griquas engages to be the faithful friend and ally of the colony.

II. He engages to preserve order in his territory; to restrain and punish any attempt to violate the peace of the frontier of the colony, by any people living within his country; and to seize and send back to the colonial authorities any criminals or fugitives from the colony.

III. He also engages to protect that portion of the colonial border opposite to the territory belonging to the district of Philippolis, extending from the neighbourhood of Ramah to that of Bethulie, against all enemies and marauders from the interior who may attempt to pass through his territory.

IV. He also engages to assist the colonial authorities in any enterprise which they may find it necessary to undertake for the recovery of property, or the apprehending of banditti, who, having been pursued from the colony, may have taken refuge in any part of the country under his jurisdiction.

V. And generally, he engages to apprise the colonial authorities of any intended predatory or hostile attempt against the colony which may come to his knowledge, and to co-operate cordially, and in all good faith, with the Colonial Government in preserving peace and extending civilization among the native tribes.

In consequence of the above engagements, the Governor upon his part engages,

1. That there shall be duly paid to the Chief, Adam Kok, in such periodical payments as shall be most convenient to him, a gratuity of 100l. per annum, to defray the expenses which the execution of his aforesaid engagements may incur.

2. That he shall be supplied with 100 stand of arms, with a reasonable quantity in proportion of ammunition, and more of the latter as occasion may require, to be placed in charge of the Civil Commissioner of Colesberg, in order to be issued to him on his application to that officer, which arms are to be still considered as the property of the Colonial Government, and under its control.

3. That 50l. a-year shall be placed in the hands of the missionary, Mr. William Thomson, in charge of the mission stationed at Philippolis, and should he be removed thence, into the hands of the missionary in the service of the London Missionary Society, who may succeed him, in aid of the school for the education of the native children of the Chief's people, and especially for their instruction in the English language. To facilitate a due observance of these mutual engagements, and to secure the benefits which they are intended to afford to both parties, the Chief, Adam Kok, will correspond direct with the Government on all subjects connected with his people, and he is at liberty to avail himself of the advice and assistance of the resident missionary in any way he may require his services; and he also engages to receive and protect any Agent whom the Government, in course of time, may think necessary to appoint at Philippolis, and confidentially communicate with such Agent upon all matters concerning his territory and the colony. This done at the Government House, in Cape Town, 5th October, 1843.

(L.S.) GEO. NAPIER, Governor,

Signed and sealed in our presence,
JOHN MONTAGU, Secretary to Government.
This done at Philippolis 29th November, 1843.

JOHN PHILIP, D.D.

ADAM KOK, Kapien.

HENDRIK KENDRIKSE, Secretarius, &c.

Signed and sealed in our presence,

VOL. IX.

G

(5.)-TREATY with the Chief of the Basutos.

October 5, 1843.

ARTICLES of Treaty and Agreement between the Governor of the Colony of the Cape of Good Hope, on the one part, and Moshesh, Chief of the Basutos, on the other part.

ART. I. The Chief of the Basutos engages to be the faithful friend and ally of the colony.

II. He engages to preserve order in his territory, to restrain and punish any attempt to violate the peace of the frontier of the colony by any people living within his country, or by any people from the interior who may attempt to pass through the territory for that purpose, and to seize and send back to the colonial authorities any criminals or fugitives from the colony.

III. The territory of the Chief Moshesh is bounded from the west from the junction of the Caledon with the Gariep rivers, to the sources of those rivers, near the Bouta Bouta; on the south by the Gariep River from the junction aforesaid, and the north by a line extending from about 25 to 30 miles north of the Caledon River, excepting near to its source, and at its junction with the Gariep, where the lands of Bethulia and the territory of Sikonyela come close upon its northern bank.

IV. He also engages to assist the colonial authorities in any enterprise which they may find it necessary to undertake for the recovery of property, or the apprehending banditti, who, having been pursued from the colony may have taken refuge in any part of the country under his jurisdiction.

V. And, generally, he engages to apprise the colonial authorities of any intended predatory or hostile attempt against the colony which may come to his knowledge, and to co-operate cordially and in all good faith with the Colonial Government in preserving peace and extending civilization among the native tribes.

In consequence of the above engagements the Governor, upon his part, engages,

To make the Chief a present from the Colonial Treasury of not less than 757. annually, either in money or in arms and ammunition, as the Chief may desire.

And in order to facilitate a due observance of these mutual engagements, and to secure the benefits which they are intended to afford to both parties, the Chief Moshesh will correspond direct with the Government on all subjects mutually concerning his territory and the colony; and he also engages to receive and protect any Agent whom the Government, in course of time, may think necessary to appoint at his place of residence, and confidentially communicate with such Agent upon all matters concerning his territory and the colony.

This done at the Government House, in Cape Town, 5th October,

1843.

Signed and sealed in our presence,

GEO. NAPIER, Governor.

JOHN MONTAGU, Secretary to Government. JOHN PHILIP, D.D.

This done at Thaba Bossi, 13th December, 1843.

Signed and sealed in our presence,

MOSHESH.

T. E. CASSALES.

JEAN THOMAS Asbousset.
JAMES WALKER, &c.

(6.)-TREATY with the Paramount Chief of the Amaponda Nation. Fort Beaufort, October 7, 1844.

TREATY of Amity entered into between his Excellency LieutenantGeneral Sir Peregrine Maitland, Knight Commander of the Most Honourable Military Order of the Bath, of the Royal Military Order of William of the Netherlands, and of the Imperial Order of St. Wladimir of Russia, Colonel of Her Majesty's 17th Regiment of Foot, Governor and Commanderin-chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, in South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, Commanding the Forces, &c., &c., on behalf of Her Britannic Majesty, of the one part;-and Faku, Paramount Chief of the Amaponda Nation, of the other part.

ART. I. There shall be peace and amity for ever between Her Britannic Majesty and her subjects and Faku, the Paramount Chief of the Amaponda Nation, and his subjects, and Faku promises that he will continue to be the faithful friend of the Colony of the Cape of Good Hope, and of all good subjects of Her Majesty.

II. The Contracting Chief will not permit his subjects to harass or annoy the subjects of Her Majesty the Queen of England, who may pass through his country, or reside in it with his permission, or who may be located in any British territory near the boundary of his country.

III. The Contracting Chief will use his best exertions to seize and deliver up to the nearest British authority, for trial according to law, all persons who shall have committed, or who shall be reasonably suspected to have committed, any murder, robbery, or other offence, within the limits of the colony, or any of its parts or dependencies, and who shall be found in the territory of the

said Chief.

IV. Refugees and banditti belonging to other tribes, accused or suspected of having committed crimes within British territory against the persons or property of British subjects, and who may have fled in order to escape punishment, shall find no hiding-place in Faku's country; but, on the contrary, Faku engages that he will use his best exertions to seize all such persons, and deliver them up to the nearest British authority, in order that they may be tried and, if guilty, punished.

V. The Contracting Chief undertakes to use his authority and influence to cause all persons within his territory, whose evidence may be required by any Court of Justice in any British territory in South Africa, to appear at the time and place prescribed, and he will take care, as much as possible, when delivering up any prisoner to any British authority, to produce, at the same time, to such authority all witnesses acquainted with the matter in question, whose presence he can command or procure. The British Government, on the other hand, will be prepared to pay all witnesses who shall attend any such court as has been mentioned, a reasonable compensation for their time and trouble.

VI. All cattle, horses, or other property stolen in any British territory in South Africa, and traced into the territory of the Contracting Chief, shall, if found therein, be restored on demand of any proper British authority together with full compensation for the entire value of whatever property not found, shall yet be proved to have been stolen at the same time; and in case none of the stolen property traced into the Chief's territory shall be found therein, then full compensation shall be made for all the property so traced.

VII. All British subjects travelling between the territory of the Cape of Good Hope and Port Natal, with their servants and attendants, and also the native postmen, or others employed in the transmission of letters, shall at all times be protected by the Chief, and permitted to pursue their journey without hindrance or molestation.

VIII. All British subjects resorting temporarily to his country, or residing therein by permission of the Chief, for purposes of trade or otherwise shall be protected by him in their persons and property; but he will not suffer the masters or mariners of any ships or vessels to land merchandize, or to traffic with his people in any part of his country, unless such vessels shall be furnished with a licence from the Colonial Government authorizing them to land goods there.

IX. The Contracting Chief having many years ago invited and received into his country Christian missionaries for the instruction of his nation, hereby gives his true word and promise that he will continue to be the friend of the missionaries:

That he will protect the persons, families, and property of all persons engaged as Christian teachers in his country: