ese three persons will have to stand their trial
on the conclusion of peace.

Chief Commandant DE WET: Lord Kitchener arranged this matter
informally with General Botha without reference to me, as I think he
should have done, because two of the cases mentioned are of Free
Staters. It is not down in black and white, that the three persons
mentioned will be the only exceptions, and if more exceptions are made
later I do not wish to be held responsible.

General BOTHA: I should like further to explain this matter. This
point in Clause 4 was raised by the British representatives. Lord
Kitchener asked to see me personally and informally, and at the
suggestion of General de la Rey I went to him. Lord Kitchener then
informed me that certain three alleged murders in the course of the
war had attracted much attention in England, and that the British
Government, on account of the feelings of the English people, did not
see their way open to leave these three cases untried. The three cases
already mentioned here were then communicated to me by Lord Kitchener.
On a later occasion I took General Smuts with me, and Lord Kitchener
repeated in the presence of both of us that only these three persons
would be excluded from the benefit of Clause 4.

General HERTZOG: I am quite prepared to accept Lord Kitchener's word
given to Generals Botha and Smuts.

General BRAND: Why are the names of these cases not inserted in the
peace proposal?

General HERTZOG: They could not be inserted because as laid down by
the British Government it could not be altered.

General DE LA REY: Only the three persons mentioned are excluded from
the benefit of Clause 4, and because we were afraid that there might
be more cases General Botha went and satisfied himself.

Chief Commandant DE WET: I did not wish to remain silent on this
point, because there was only the word of Lord Kitchener and no other
guarantee that other persons will not be prosecuted. I, of course,
entirely believe what Generals Botha and Smuts have stated.

General HERTZOG: I am fully satisfied on this point.

Mr. C. BIRKENSTOCK (Vryheid) asked with reference to Clause 1 whether
having regard to the large number of Kaffirs in many districts it
would not be dangerous for the burghers to part with all their arms.

General BOTHA replied that the Commission had seen Lord Kitchener
informally on this point, and pointed out this danger to him, and he
had then agreed that in the districts