Episode 221 - Free State Judges, the Transvaal Civil War and the Architecture of Deliberation

This is episode 221, 1863, the midst of the Transvaal Civil War.

As you heard in episode 220, this was the making of a new president and one who’d take the Trekker Republics into the 20th Century, albeit in the midst of the Anglo-Boer War.

There had been a rapid and real effect — as the farmers took up arms against each other, the Transvaal’s economy collapsed. This weakened the government’s ability to back up its stated authority.

By now the tiny independent States of Lydenburg and Utrecht had joined the Transvaal accepting the authority of the Transvaal. They had been outliers since the trekkers first arrived in those regions, fifteen years earlier.

To recap - In 1859, Transvaal President, Marthinus Wessel Pretorius, was invited to stand for President in the Orange Free State, many burghers there now wanted to unify with the Transvaal. They were mainly worried about how to deal with King Moshoeshoe of the Basotho.

The Transvaal constitution that he had just enacted made it illegal to hold office abroad, still Pretorius won the Transvaal election, then Volksraad attempted to side-step the constitutional problems by granting Pretorius half-a-year of leave. They hoped some kind of solution would be found — Pretorius left for Bloemfontein and appointed Johannes Hermanus Grobler to be acting president in his absence.
Up stepped Stephanus Schoeman from the Marico region who unsuccessfully attempted to use force to supplant Johannes Grobler as acting president. Schoeman believed that the presidency should have been granted to him as the new Transvaal constitution stipulated that in the case of the president's dismissal or death, the presidency should be granted to the oldest member of the Executive Council. Schoeman was three years older than Grobler.
Forward fast to 1863, Kruger had defeated Schoeman at a skirmish outside Potchefstroom. He had also managed to convince some of the supporters of rebel in the Heidelberg district to switch sides, and had ridden back to Pretoria with a local farmer of high standing, Jan Marais.

There a council of war determined that rebels like Schoeman were taking advantage of a disagreement between the Transvaal and the Orange Free State. The two fledgling Boer Republics could not agree on where the boundary lay between them.

Transvaal President Van Rensburg duly assigned Kruger the duty of riding to the Free State to settle the question of the border - and he left almost immediately, taking a group of burghers with him as security. Further West, the Marico district was a hotbed of rebel activity and the commandant there, Jan Viljoen, heard about Kruger’s mission and organised a commando.
On the way to Potch, a spy warned Kruger about what awaited. He changed course, and set off with a small detachment to confront Viljoen while Kruger’s 2 IC, Veld kornet Sarel Eloff dashed forward to seize a nearby kopje - the all important high ground. Viljoen is so happened, was also on his way to the very same kopje.
One of the aspects of this conflict which is interesting is how Kruger used his spies or messengers as he called them. They were feeding him information daily, information about what Schoeman and Viljoen were up to. The capacity to recon an enemy was one of the defining strengths of the Boer military system, and would be sharpened constantly over the coming century and a half.
Folks, there are remarkable resonances in this apparently distant little civil war. When the Union of South Africa was achieved, Bloemfontein was nominated as the seat of the Supreme Court of the union. Cape Town and Pretoria shared power, parliament in Cape Town, Pretoria the seat of government. The Free State is slap bang in the middle — so they got the Supreme Court.
These historical instances reflect a legal and political philosophy that, in the aftermath of internal conflict, prioritising national healing through amnesty can be more beneficial than widespread punitive actions.