Page:George McCall Theal, History of South Africa since September 1795, Volume 1 (1908).pdf/182

154 his own account. On the ground, then, that the chartered fishing company was composed of persons who were subjects of countries at war with Great Britain, their property was confiscated for the benefit of the captors, and the whale fishery was again thrown open to any one who cared to embark in it.

Notwithstanding the hard language that was used in Holland and France concerning this occurrence, there is nothing to show that it was less justifiable than the seizure and confiscation of a Dutch or French merchant-ship would have been.

General Baird, who assumed the civil administration as acting governor, allowed most of the officials to retain their posts upon taking an oath of allegiance to the king of England; but a few preferred to return to Europe. Captain Jacob Glen Cuyler, of the 59th regiment, was sent to Algoa Bay to replace Captain Alberti as commandant of Fort Frederick and acting landdrost of Uitenhage. Captain J. Carmichael Smyth, of the Royal Engineers, was directed to act as secretary to government, Captain William Munro was appointed deputy auditor general, and Lieutenant D. Ross, of the Royal Navy, became port captain of Table Bay. These appointments, however, were only to be held until men should be sent from England to fill the posts permanently.

All the judges of the high court of justice, except Messrs. Strubberg and Hiddingh, resigned, so on the 5th of April new members were appointed to fill the vacant places. They were Messrs. Clement Matthiessen, Abraham Fleck, Pieter Jan Truter, and Pieter Diemel. The office of president was kept open for Mr. Olof Godlieb de Wet, who was then in England. The former attorney general, Mr. Beelaerts van Blokland, accepted the post of secretary. The court reverted to the condition in which it had been before 1803. The judges could now hold at the same time other situations in the civil service, it was not considered necessary that they should be trained lawyers, and they could be removed at the pleasure of the head of the government. Mr. Willem Stephanus van Ryneveld was appointed fiscal, and also vice-president of the court