First Annexation by Great Britain.—The volksraad at Winburg during this period continued to claim jurisdiction over the Boers living between the Orange and the Vaal and the rela tions between the Boers and the British were in a continual state of tension. Sir Harry Smith became governor of the Cape at the end of 1847. He recognized the failure of the attempt to govern on the lines of the treaties with the Griquas and Basutos, and on Feb. 3, 1848, he issued a proclamation declaring British sover eignty over the country between the Orange and the Vaal eastward to the Drakensberg. The justness of Sir Harry Smith's measures and his popularity among the Boers gained for his policy consider able support, but the Republican Party, at whose head was Andries Pretorius (q.v.), did not submit without a struggle. They were, however, defeated by Sir Harry Smith in an engagement at Boomplaats (Aug. 29, 1848). Thereupon Pretorius, with those most bitterly opposed to British rule, retreated across the Vaal.
Warden remained British resident until July 1852. A nomi nated legislative council was created, a high court established and other steps taken for the orderly government of the country, which was officially styled the Orange River Sovereignty. In Oct. 1849 Moshesh was induced to sign a new arrangement consider ably curtailing the boundaries of Basutoland. The frontier towards the Sovereignty was thereafter known as the Warden line. The British resident had, however, no force sufficient to maintain his authority, and Moshesh and all the neighbouring clans became involved in hostilities with one another and with the whites. In 1851 Moshesh joined the Republican party in the Sovereignty in an invitation to Pretorius to recross the Vaal. The intervention of Pretorius resulted in the Sand River Convention of 1852, which acknowledged the independence of the Transvaal but left the status of the Sovereignty untouched.
The British Government, which had reluctantly agreed to the annexation of the country, had, however, already repented its de cision and had resolved to abandon the sovereignty. A meeting of representatives of all European inhabitants of the sovereignty, elected on manhood suffrage, held at Bloemfontein in June 1852, nevertheless declared in favour of the retention of British rule. But the cabinet in London adhered to the determination to with draw from the Sovereignty. Sir George Russell Clerk was sent out in 1853 as special commissioner "for the settling and adjusting of the affairs" of the Sovereignty. At that time there were some 15,00o whites in the country, among them numbers of farmers and tradesmen of British (chiefly Scottish) blood.
Independence Forced on the Boers.—The majority of the whites still wished for British rule provided that it was effective and the country guarded against its enemies, but Sir George Clerk announced that, as the elected delegates were unwilling to form an independent government, he would enter into negotiations with other persons. While the elected delegates sent two members
to England to try to induce the Government to alter their decision Sir George Clerk came to terms with a committee formed by the Republican party and presided over by J. H. Hoffman.
A royal proclamation had already (Jan. 3o, 1854) "abandoned and renounced all dominion" in the sovereignty. A convention recognizing the independence of the country was signed at Bloem fontein on Feb. 23 by Sir George Clerk and the Republican com mittee, and on March 11, 1854, the Boer Government assumed office and the Republican flag was hoisted. Five days later the rep resentatives of the elected delegates had an interview in London with the colonial secretary, the duke of Newcastle, who informed them that it was impossible for England to supply troops to con stantly advancing outposts, "especially as Cape Town and the port of Table bay were all she really required in South Africa." In withdrawing from the Sovereignty the British Government de clared that it had "no alliance with any native chief or tribes to the northward of the Orange river with the exception of the Griqua chief Captain Adam Kok." Kok was not formidable in a military sense and in 1861 he sold his sovereign rights to the Free State for £4,000 and removed with his followers to the district now known as Griqualand East.
Constitution of the Republic.—On the abandonment of British rule representatives of the people were elected and met at Bloemfontein on March 28, 1854, and between that date and April 18 were engaged in framing a constitution. The country was declared a republic and named the Orange Free State. All persons of European blood possessing a six months' residential qualification were to be granted full burgher rights. The sole legislative authority was vested in a single popularly elected chamber styled the volksraad. Executive authority was entrusted to a president elected by the burghers from a list submitted by the volksraad. The president was to be assisted by an executive council, was to hold office for five years and was eligible for re election. The constitution was subsequently modified but re mained of a liberal character. A residence of five years in the country was required before aliens could become naturalized. The franchise was confined to European adult males; the grant of the suffrage to natives was never considered. It may be added here that subsequently the Free State prohibited the entry into its territory of Asiatics, so that it was never troubled with an Indian question. The first president was J. H. Hoffman, but he was ac cused of being too complaisant towards Moshesh and resigned, being succeeded in 1855 by J. N. Boshof, one of the voortrekkers, who had previously taken an active part in the affairs of Natal.