above and beyond what it had already acquired by virtue of a title
sufficient to enable it to exercise all these powers.’
* * * * *
“From the explanations given by Lord Granville in the House of Lords,
the 13th March, 1882, it appears that if Holland and Spain have
protested against the rights invoked by the Overbeck-Dent Company,
it was because of anterior rights which these states pretend to have
over the northern part of Borneo; but, no more than Germany, formally
consulted in the matter by the British Government, have they raised
any doubt as to the capacity of individuals and companies to obtain
from non-civilised sovereigns the cession of rights implying the
exercise of sovereignty. This capacity also was not denied by the
members on the opposition side of the House of Commons.”
Thus, the opinion of four Governments, the opinion of two
English ministers, Lord Granville and Mr. Gladstone, and of the
attorney-general, Sir Henry James, that of Sir Travers Twiss, and of
M. de Laveleye, to which we would add the considerations developed in
the open letter addressed, the 23d April, 1883, by a member of the
African International Association to the _Courrier des États-Unis_,
form an assemblage of authorities of a nature to fortify us in our
conviction if we had any doubts.
We conclude with these observations:
1. It is evident that if some powers have raised against similar
concessions, made by chiefs of savage tribes to individuals and
associations, reclamations founded upon rights _previously acquired_,
there would be ground to submit these pretensions to serious
examination, or perhaps they might be submitted to arbitration, as
Great Britain and Portugal, in 1875, submitted to the arbitration of
the President of the French Republic, M. MacMahon, the contest in
regard to certain lands situated on the bay of Delagoa.
2. _New sovereignties, at the head of which are individuals or
associations, the concessionaries of the chiefs of savage tribes,
exist of themselves, of their own right and their own strength,
without having need of the recognition of other States._ (See Klüber,
par. 24; Heffter, par. 23, p. 42, and par. 51, p. 104; Bluntschli,
pars. 28 and 38; and all the authors.)
It depends upon the _convenance_ of other States to recognise or
not to recognise these new sovereignties. But whatever may be their
determination in this respect, the want of recognition does not give
them the right to act as if these sovereignties did not exist, and to
consider their territories susceptible of _occupation_.
3. According to the practice of international law, at this day,
the recognition of one to whom sovereignty has been conceded, as
a sovereign, can even follow of itself, in certain cases. Almost
all governments, especially Great Britain and the United States
of America[84] have adopted the rule of considering _de facto_
governments as legitimate, as far as they themselves are concerned.
(See Heffter, pars. 51, 53, pp. 101-105.)
Let us suppose a European nation had concluded a treaty of
friendship or commerce with the chief of a savage tribe, inhabiting
a fixed territory. This treaty is supposed to be concluded, and is
effectively concluded with the State which the chief represents. The
chief had ceded his rights of sovereignty to a European individual
or a European association, who are put in real possession of the
sovereignty. Could the European nation deny the legitimacy of this
new Government if it was a government _de facto_, according to
international usages? No. At least, Great Britain and the United
States would recognise it, and probably other States also. And if the
preceding chief had been displaced by internal revolution—which can
break out among blacks as among whites—and if the black chief had
ceded his sovereignty to another Negro, a relation or even a stranger
to his family, would that be a reason for refusing recognition
to the new sovereign? And if the chief of the tribe had ceded his
sovereignty to a white man, in place of choosing for his successor
a black man, or an association composed of whites, certainly the
difference of colour could not be a reason for refusing recognition
to the new sovereign.
Thus it is seen that in wandering away from true and simple
principles difficulties of every kind are encountered.
Therefore I am of opinion that independent chiefs of savage tribes
can validly cede to a private individual the whole or part of
their State, with the sovereign rights which belong to them, and
conformably to the traditional customs of the country.
BRUSSELS, December 15, 1883.
OTHER AUTHORITIES CITED
(Extract from the _Droit international codifié_, by M. Bluntschli.)
(Page 68, paragraph 35): A new State has the right to enter into the
international association of States, and to be recognised by other
powers when its existence cannot be put in doubt and is assured. It
has the right because it exists, because international law unites
existing States by common laws and principles based upon justice and
humanity.
Recognition by other sovereign States is a voluntary act on a part of
these latter. It is not, nevertheless, an absolutely arbitrary act,
because international law unites, even against their will, diverse
existing States, and makes of them a kind of political association.
The opinion is frequently advanced by the older publicists that it
depends upon the good pleasure of each State to recognise or not
to recognise another, outside of the necessary and absolute line
of international law. If this law rested solely upon the arbitrary
will of States, it would not be just that it should be simply a
conventional law.
(Page 164): A State has evidently the right to constitute itself
without the ratification of another State. This would be the case
when emigrants, for example, found a State upon an uninhabited
island, as did the Norwegians in Iceland in the middle ages. A number
of new States of North America were founded by individuals; it was
only later that they were recognised by England, and to this day they
proceed in the same manner in the United States. If new states can in
this way constitute themselves, by still stronger reasoning analogous
extensions of territory already existing should be recognised.
ANOTHER MANNER OF ACQUIRING THE SOVEREIGNTY OF A FREE COUNTRY
(From Vattel, _Le droit des gens_, vol. i., page 489, par. 206.)
If free families, scattered over an independent country, unite
to form themselves into a nation or a State, they acquire the
sovereignty over the whole State which they inhabit, for they
possess already the domain; and since they wish to form a political
society and to establish a public authority to which all will owe
obedience, it is quite manifest that their intention is to confer
upon this public authority the right of sovereignty of the whole
country.
(From Heffter, _Le droit international publique de l’Europe_.)
(Pages 32 and 33): The existence of a state supposes the following
conditions, to wit:
I. A society capable of existing by itself and independently.
II. A collective will regularly organised, or a public authority
charged with the direction of society for the end which we have just
indicated.
III. A permanent status of society, the natural base of a free and
permanent development, and which depends essentially on the fixity of
the tenure of real estate and the intellectual and moral tendencies
of its members.
We regard as idle the questions discussed by the schools, such as,
What is the number of persons necessary to form a state? or, If one
or three persons are sufficient? The distinctive characteristics
of a state which we have just indicated sufficiently answer these
questions.
(Page 42): A state exists _de facto_ so soon as it unites the
necessary elements indicated above; that is to say, will, united to
the indispensable means and strength to defend its independence.
(Page 43): The entry of a new state upon the political scene depends
in no wise upon an express preliminary recognition by foreign powers.
It is fully accomplished the day when it commences to exist. On the
other hand, political reasons alone may decide foreign powers to
recognise or enter into direct relations with it. Recognition only
confirms what legally exists by admitting the new member into the
grand European family.
(From the _Commentary upon the Elements of International Law, and
History of the Progress of International Law_, by William Beach
Lawrence.)
(Page 162): It is not necessary that there should be a determined
number of persons to form a state.
(Page 197): Texas was recognised by England in 1839, when its
population was not more than 60,000 souls. Lord Palmerston said on
that occasion to Mr. O’Connell that “the principle of the Government
was to recognise every state which had a _de facto_ independence.”
(Chamber of Commerce of the State of New York. Founded A.D. 1768.)
At an adjourned meeting of the Chamber of Commerce, held January 10,
1884, the following resolutions, presented by Mr. A. A. Low, were
adopted:
WHEREAS, the President of the United States has, in his recent
message, called attention to the fact that the rich and populous
valley of the Congo is now being opened to commerce by the
International African Association, and has especially dwelt upon the
interest, for the purposes of trade and commerce, that we have, as a
people, in the neutrality of that valley, free from the interference
or political control of any one nation: Therefore,
_Be it resolved_, As the opinion of this Chamber that it is incumbent
upon the Government of the United States, through its accredited
representative, to apprise the Portuguese Government that it will
not recognise, but denies the right of the latter to interfere with
the free navigation of the Congo; that the discovery of this great
waterway into the interior of Central Africa is not due to Portugal,
but was the discovery of an explorer in the interest of no one
nationality; and that the entry, 400 years ago, into the mouth of the
Congo, by the Portuguese, not having been followed up by actual and
continued occupation, can give that nation no territorial right to
the river, or to the countries upon its banks.
_Resolved_, That the recognition by the Government of the United
States of the flag of the International African Association, now
extending over twenty-two settlements, in the heart of Africa, will
be but an acknowledgment of the fact that that organisation, under
rights ceded to it by African chiefs of independent territories,
is exercising rule and authority over a large part of Africa in
the protection of life and property, the extinguishment of the
slave trade, the facilitating of commercial intercourse, and other
attributes of sovereignty; and that it be recommended to the
President to send an accredited agent of the Government to the Congo,
to confer with that association in the adopting of such measures as
may secure to American citizens free commercial intercourse along the
course of that river, and through the various settlements or stations
established by the association.
A true copy.
JAS. M. BROWN,
_President_.
GEORGE WILSON,
_Secretary_.
(From copy of correspondence of the Manchester Chamber of Commerce
and the Secretary of State for Foreign Affairs.)
His Majesty the King of the Belgians has, during the last two years,
incurred considerable expense in an expedition to the Upper Congo
for the purposes of opening roads, establishing stations for trade,
and for communication with the vast tribes inhabiting the interior
of Africa. For the result of this expedition merchants are watching
with interest, believing that this river will ultimately become one
of the great highways for trade in the heart of Africa.
... It is, therefore, both manifest and notorious that the African
tribes who inhabit the coast-line claimed by Portugal, between 5°
12´, and 8th degree south latitude, are in reality independent, and
that the right acquired by Portugal from priority of discovery at
the end of the fifteenth century has for a long time been suffered
to lapse, owing to the Portuguese Government not having occupied
the country so discovered. In the presence of these facts the
undersigned must repeat the declaration of Her Majesty’s Government
that the interests of commerce imperatively required it to maintain
the right of unrestricted intercourse with that part of the coast of
Western Africa extending between 5°, 12´, and the 8th degree of south
latitude....
I have the honour to be, my lord, your lordship’s obedient, very
humble servant,
JOHN SLAGG,
_President_.
(From Earl Granville’s reply to Lord Mount Temple in the House of
Lords, March 9, 1883.)
... The labours of men like Livingstone, Stanley, and others have
given us a knowledge of the physical character of Central Africa,
and of the populations which inhabit it, showing that there are
great capabilities for the development of trade, and of the
civilising effects which are the result of commerce. The work of
the philanthropic International Association, in which the King of
the Belgians takes a great interest, the mission of M. de Brazza,
the increasing trade in different degrees, of the English, the
Portuguese, the French, the Germans, the Dutch, and the Belgians, on
the Congo and its banks, are acting as a stimulus and afford grounds
why no reasonable endeavours should be neglected to insure freedom of
commerce and navigation, and to anticipate possible jealousies, which
so easily check trade, and which, under the pretence of securing
peculiar advantages to some, are really injurious to all....
FOOTNOTES:
[66] Heffter, par. 7, p. 14: “With respect to non-Christian states,
which are not yet regularly admitted into the bosom of the European
family, the application of the same law is entirely free, and founded
upon a purely conventional reciprocity. Relations with them are
formed according to the exigencies of policy and morality.”
[67] _Droit de gens moderne_, par. 20.
[68] _Einleitung in das positive europaïsche Völkerrecht_, Gottingen,
1796, p. 1.
[69] _Droit des gens moderne_, par. 21.
[70] _Droit des gens moderne_, par. 23.
[71] _Einleitung in das positive europaïsche Völkerrecht_, par. 31.
[72] _Droit des gens moderne de l’Europe_, par. 25.
[73] See Charles Calvo, _Manuel du droit international public et
privé_, par. 49, p. 85; also his _Droit international theorique et
pratique_, vol. i., p. 320.
[74] _Précis du droit des gens_, Paris, 1877, No. X., p. 23.
[75] See on this point, _International Law_, by Edward W. Hall, M.A.,
barrister-at-law, Oxford, 1880, par. 35, p. 100.
[76] Bancroft’s _History of the United States_, vol. i., pp. 342-350.
[77] Carlier, _History of the American People_, vol i., p. 300.
[78] _Elements of International Law_ (Fr. tr.), vol. i., p. 50.
[79] Vol. xii., p. 12.
[80] See the histories of Bancroft and Carlier.
[81] Heffter, _Le droit international publique_, par. 52, p. 104.
[82] Wheaton, vol. i., par. 12, p. 25; Heffter, par. 8, p. 16.
[83] _Revue de droit international_, vol. xi., pp. 258, 259.
[84] See manifesto of President Monroe, of December 2, 1823.
GENERAL ACT OF THE BERLIN CONFERENCE
In the name of Almighty God,—
His Majesty the German Emperor, King of Prussia; His Majesty the
Emperor of Austria, King of Bohemia, etc., and Apostolic King of
Hungary; His Majesty the King of the Belgians; His Majesty the King
of Denmark; His Majesty the King of Spain; the President of the
United States of America; the President of the French Republic;
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India; His Majesty the King of Italy; His Majesty
the King of the Netherlands, Grand Duke of Luxembourg, etc.; His
Majesty the King of Portugal and the Algarves, etc.; His Majesty
the Emperor of All the Russias; His Majesty the King of Sweden and
Norway, etc.; and His Majesty the Emperor of the Ottomans,
Wishing, in a spirit of good and mutual accord, to regulate
the conditions most favourable to the development of trade and
civilisation in certain regions of Africa, and to assure to all
nations the advantages of free navigation on the two chief rivers of
Africa flowing into the Atlantic Ocean; being desirous, on the other
hand, to obviate the misunderstandings and disputes which might in
future arise from new acts of occupation (_prises de possession_)
on the coast of Africa; and concerned, at the same time, as to the
means of furthering the moral and material well-being of the native
populations: Have resolved, on the invitation addressed to them by
the Imperial Government of Germany, in agreement with the Government
of the French Republic, to meet for those purposes in Conference at
Berlin, and have appointed as their Plenipotentiaries, to wit:—
His Majesty the German Emperor, King of Prussia, Otho, Prince von
Bismarck, his President of the Prussian Council of Ministers,
Chancellor of the Empire; Paul, Count von Hatzfeldt, his Minister of
State and Secretary of State for Foreign Affairs; Auguste Busch, his
Acting Privy Councillor of Legation and Under-Secretary of State for
Foreign Affairs; and Henri von Kusserow, Privy Councillor of Legation
in the Department for Foreign Affairs;
His Majesty the Emperor of Austria, King of Bohemia, etc., and
Apostolic King of Hungary, Emeric, Count Széchényi de Sárvári
Felső-Vidék, Chamberlain and Acting Privy Councillor, his Ambassador
Extraordinary and Plenipotentiary at the Court of His Majesty the
German Emperor, King of Prussia;
His Majesty the King of the Belgians, Gabriel Auguste Count Van der
Straten Ponthoz, Envoy Extraordinary and Minister Plenipotentiary at
the Court of His Majesty the German Emperor, King of Prussia; and
Auguste, Baron Lambermont, Minister of State, Envoy Extraordinary and
Minister Plenipotentiary;
His Majesty the King of Denmark, Emile de Vind, Chamberlain, his
Envoy Extraordinary and Minister Plenipotentiary at the Court of His
Majesty the German Emperor, King of Prussia;
His Majesty the King of Spain, Don Francisco Merry y Colom, Count
Benomar, his Envoy Extraordinary and Minister Plenipotentiary at the
Court of His Majesty the German Emperor, King of Prussia;
The President of the United States of America, John A. Kasson, Envoy
Extraordinary and Minister Plenipotentiary of the United States of
America at the Court of His Majesty the German Emperor, King of
Prussia; and Henry S. Sanford, ex-Minister;
The President of the French Republic, Alphonse, Baron de Courcel,
Ambassador Extraordinary and Plenipotentiary of France at the Court
of His Majesty the German Emperor, King of Prussia;
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India, Sir Edward Baldwin Malet, her Ambassador
Extraordinary and Plenipotentiary at the Court of His Majesty the
German Emperor, King of Prussia;
His Majesty the King of Italy, Edward, Count de Launay, his
Ambassador Extraordinary and Plenipotentiary at the Court of His
Majesty the German Emperor, King of Prussia;
His Majesty the King of the Netherlands, Grand Duke of Luxembourg,
Frederic Philippe, Jonkheer Van der Hoeven, his Envoy Extraordinary
and Minister Plenipotentiary at the Court of His Majesty the German
Emperor, King of Prussia;
His Majesty the King of Portugal and the Algarves, etc., Da
Serra Gomes, Marquis de Penafiel, Peer of the Realm, his Envoy
Extraordinary and Minister Plenipotentiary at the Court of His
Majesty the German Emperor, King of Prussia; and Antoine de Serpa
Pimentel, Councillor of State and Peer of the Realm;
His Majesty the Emperor of all the Russias, Pierre, Count
Kapnist, Privy Councillor, his Envoy Extraordinary and Minister
Plenipotentiary at the Court of His Majesty the King of the
Netherlands;
His Majesty the King of Sweden and Norway, etc., Gillis, Baron
Bildt, Lieutenant-General, his Envoy Extraordinary and Minister
Plenipotentiary at the Court of His Majesty the German Emperor, King
of Prussia;
His Majesty the Emperor of the Ottomans, Méhemed Saïd Pasha, Vézir
and High Dignitary, his Envoy Extraordinary and Plenipotentiary at
the Court of His Majesty the German Emperor, King of Prussia;
Who, being provided with full powers, which have been found in good
and due form, have successively discussed and adopted:—
1. A Declaration relative to freedom of trade in the basin of
the Congo, its embouchures and circumjacent regions, with other
provisions connected therewith.
2. A Declaration relative to the Slave Trade, and the operations by
sea or land which furnish slaves to that trade.
3. A Declaration relative to the neutrality of the territories
comprised in the Conventional Basin of the Congo.
4. An Act of Navigation for the Congo, which, while having regard to
local circumstances, extends to this river, its affluents, and the
waters in its system (_eaux qui leur sont assimilées_), the general
principles enunciated in Articles CVIII. and CXVI. of the Final Act
of the Congress of Vienna, and intended to regulate, as between the
Signatory Powers of that Act, the free navigation of the waterways
separating or traversing several States—these said principles having
since then been applied by agreement to certain rivers of Europe
and America, but especially to the Danube, with the modifications
stipulated by the Treaties of Paris (1856), of Berlin (1878), and of
London (of 1871 and 1883).
5. An Act of Navigation for the Niger, which, while likewise having
regard to local circumstances, extends to this river and its
affluents the same principles as set forth in Articles CVIII. and
CXVI. of the Final Act of the Congress of Vienna.
6. A Declaration introducing into international relations certain
uniform rules with reference to future occupations on the coasts of
the African Continent.
And deeming it expedient that all these several documents should be
combined into one single instrument, they (the Signatory Powers)
have collected them into one General Act, composed of the following
Articles:
CHAPTER I.—_Declaration relative to Freedom of Trade in the Basin
of the Congo, its Mouths, and circumjacent Regions, with other
Provisions connected therewith._
ARTICLE 1. The trade of all nations shall enjoy complete freedom—
1. In all the regions forming the basin of the Congo and its outlets.
This basin is bounded by the watersheds (or mountain ridges) of
the adjacent basins, namely, in particular, those of the Niara,
the Ogowé, the Schari, and the Nile, on the north; by the eastern
watershed line of the affluents of Lake Tanganyika, on the east; and
by the watersheds of the basins of the Zambesi and the Logé, on the
south. It therefore comprises all the regions watered by the Congo
and its affluents, including Tanganyika, with its eastern tributaries.
2. In the maritime zone extending along the Atlantic Ocean from the
parallel situated in 2° 30´ of south latitude to the mouth of the
Logé.
The northern boundary will follow the parallel situated in 2° 30´
from the coast to the point where it meets the geographical basin of
the Congo, avoiding the basin of the Ogowé, to which the provisions
of the present Act do not apply.
The southern boundary will follow the course of the Logé to its
source, and thence pass eastwards till it joins the geographical
basin of the Congo.
3. In the zone stretching eastwards from the Congo Basin, as above
defined, to the Indian Ocean from the 5° of north latitude to
the mouth of the Zambesi in the south, from which point the line
of demarcation will ascend the Zambesi to five miles above its
confluence with the Shire, and then follow the watershed between
the affluents of Lake Nyassa and those of the Zambesi, till at last
it reaches the watershed between the waters of the Zambesi and the
Congo.
It is expressly recognised that in extending the principle of free
trade to this eastern zone the Conference Powers only undertake
engagements for themselves, and that in the territories belonging
to an independent Sovereign State this principle shall only be
applicable in so far as it is approved by such State. But the Powers
agree to use their good offices with the Governments established on
the African shore of the Indian Ocean for the purpose of obtaining
such approval, and in any case of securing the most favourable
conditions to the transit (traffic) of all nations.
ARTICLE 2. All flags, without distinction of nationality, shall have
free access to the whole of the coast-line of the territories above
enumerated, to the rivers there running into the sea, to all the
waters of the Congo and its affluents, including the lakes, and to
all the ports situate on the banks of these waters, as well as to
all canals which may in future be constructed with intent to unite
the watercourses or lakes within the entire area of the territories
described in Article 1. Those trading under such flags may engage in
all sorts of transport, and carry on the coasting trade by sea and
river, as well as boat traffic, on the same footing as if they were
subjects.
ARTICLE 3. Wares, of whatever origin, imported into those regions,
under whatsoever flag, by sea or river, or overland, shall be subject
to no other taxes than such as may be levied as fair compensation
for expenditure in the interest of trade, and which for this reason
must be equally borne by the subjects themselves and by foreigners of
all nationalities. All differential dues on vessels, as well as on
merchandise, are forbidden.
ARTICLE 4. Merchandise imported into those regions shall remain free
from import and transit dues.
The Powers reserve to themselves to determine after the lapse of
twenty years whether this freedom of import shall be retained or not.
ARTICLE 5. No Power which exercises or shall exercise sovereign
rights in the above-mentioned regions shall be allowed to grant
therein a monopoly or favour of any kind in matters of trade.
Foreigners, without distinction, shall enjoy protection of their
persons and property, as well as the right of acquiring and
transferring movable and immovable possessions; and national rights
and treatment in the exercise of their professions.
ARTICLE 6. _Provisions relative to Protection of the Natives, of
Missionaries and Travellers, as well as relative to Religious
Liberty._—All the Powers exercising sovereign rights or influence
in the aforesaid territories bind themselves to watch over the
preservation of the native tribes, and to care for the improvement of
the conditions of their moral and material well-being, and to help
in suppressing slavery, and especially the Slave Trade. They shall,
without distinction of creed or nation, protect and favour all
religious, scientific, or charitable institutions, and undertakings
created and organised for the above ends, or which aim at instructing
the natives and bringing home to them the blessings of civilisation.
Christian missionaries, scientists, and explorers, with their
followers, property, and collections, shall likewise be the objects
of especial protection.
Freedom of conscience and religious toleration are expressly
guaranteed to the natives, no less than to subjects and to
foreigners. The free and public exercise of all forms of Divine
worship, and the right to build edifices for religious purposes, and
to organise religious missions belonging to all creeds, shall not be
limited or fettered in any way whatsoever.
ARTICLE 7. _Postal Régime._—The Convention of the Universal Postal
Union, as revised at Paris the 1st June, 1878, shall be applied to
the Conventional Basin of the Congo.
The Powers who therein do or shall exercise rights of sovereignty
or protectorate engage, as soon as circumstances permit them, to
take the measures necessary for the carrying out of the preceding
provision.
ARTICLE 8. _Right of Surveillance vested in the International
Navigation Commission of the Congo._—In all parts of the territory
had in view by the present Declaration, where no Power shall exercise
rights of sovereignty or protectorate, the International Navigation
Commission of the Congo, instituted in virtue of Article 17, shall be
charged with supervising the application of the principles proclaimed
and perpetuated (_consacrés_) by this Declaration.
In all cases of difference arising relative to the application
of the principles established by the present Declaration, the
Governments concerned may agree to appeal to the good offices of the
International Commission, by submitting to it an examination of the
facts which shall have occasioned these differences.
CHAPTER II.—_Declaration relative to the Slave Trade_
ARTICLE 9. Seeing that trading in slaves is forbidden in conformity
with the principles of international law as recognised by the
Signatory Powers, and seeing also that the operations which by sea
or land furnish slaves to trade ought likewise to be regarded as
forbidden, the Powers which do or shall exercise sovereign rights or
influence in the territories forming the Conventional Basin of the
Congo declare that these territories may not serve as a market or
means of transit for the trade in slaves, of whatever race they may
be. Each of the Powers binds itself to employ all the means at its
disposal for putting an end to this trade and for punishing those who
engage in it.
CHAPTER III.—_Declaration relative to the Neutrality of the
Territories comprised in the Conventional Basin of the Congo_
ARTICLE 10. In order to give a new guarantee of security to trade
and industry, and to encourage, by the maintenance of peace, the
development of civilisation mentioned in Article 1, and placed under
the free trade system, the High Signatory Parties to the present Act,
and those who shall hereafter adopt it, bind themselves to respect
the neutrality of the territories, or portions of territories,
belonging to the said countries, comprising therein the territorial
waters, so long as the Powers which exercise or shall exercise the
rights of sovereignty or protectorate over those territories, using
their option of proclaiming themselves neutral, shall fulfil the
duties which neutrality requires.
ARTICLE 11. In case a Power exercising rights of sovereignty or
protectorate in the countries mentioned in Article 1, and placed
under the free trade system, shall be involved in a war, then the
High Signatory Parties to the present Act, and those who shall
hereafter adopt it, bind themselves to lend their good offices in
order that the territories belonging to this Power and comprised in
the Conventional free trade zone shall, by the common consent of this
Power and of the other belligerent or belligerents, be placed during
the war under the rule of neutrality, and considered as belonging to
a non-belligerent State, the belligerents thenceforth abstaining from
extending hostilities to the territories thus neutralised, and from
using them as a base for warlike operations.
ARTICLE 12. In case a serious disagreement originating on the subject
of, or in the limits of, the territories mentioned in Article 1 and
placed under the free trade system, shall arise between any Signatory
Powers of the present Act, or the Powers which may become parties to
it, these Powers bind themselves, before appealing to arms, to have
recourse to the mediation of one or more of the friendly Powers.
In a similar case the same Powers reserve to themselves the option of
having recourse to arbitration.
CHAPTER IV.—_Act of Navigation for the Congo_
ARTICLE 13. The navigation of the Congo, without excepting any of
its branches or outlets, is, and shall remain, free for the merchant
ships of all nations equally, whether carrying cargo or ballast, for
the transport of goods or passengers. It shall be regulated by the
provisions of this Act of Navigation, and by the rules to be made in
pursuance thereof.
In the exercise of this navigation the subjects and flags of all
nations shall in all respects be treated on a footing of perfect
equality, not only for the direct navigation from the open sea to the
inland ports of the Congo and _vice versâ_, but also for the great
and small coasting trade, and for boat traffic on the course of the
river.
Consequently, on all the course and mouths of the Congo there will be
no distinction made between the subjects of Riverain States and those
of non-Riverain States, and no exclusive privilege of navigation will
be conceded to companies, corporations, or private persons whatsoever.
These provisions are recognised by the Signatory Powers as becoming
henceforth a part of international law.
ARTICLE 14. The navigation of the Congo shall not be subject to any
restriction or obligation which is not expressly stipulated by the
present Act. It shall not be exposed to any landing dues, to any
station or depôt tax, or to any charge for breaking bulk, or for
compulsory entry into port.
In all the extent of the Congo the ships and goods in process of
transit on the river shall be submitted to no transit dues, whatever
their starting-place or destination.
There shall be levied no maritime or river toll based on the mere
fact of navigation, nor any tax on goods aboard of ships. There shall
only be levied taxes or duties having the character of an equivalent
for services rendered to navigation itself, to wit:
1. Harbour dues on certain local establishments, such as wharves,
warehouses, etc., if actually used.
The tariff of such dues shall be framed according to the cost of
constructing and maintaining the said local establishments; and it
will be applied without regard to whence vessels come or what they
are loaded with.
2. Pilot dues for those stretches of the river where it may be
necessary to establish properly qualified pilots.
The tariff of these dues shall be fixed and calculated in proportion
to the service rendered.
3. Charges raised to cover technical and administrative expenses
incurred in the general interest of navigation, including lighthouse,
beacon, and buoy duties.
The last-mentioned dues shall be based on the tonnage of vessels as
shown by the ship’s papers, and in accordance with the rules adopted
on the Lower Danube.
The tariffs by which the various dues and taxes enumerated in the
three preceding paragraphs shall be levied shall not involve any
differential treatment, and shall be officially published at each
port.
The Powers reserve to themselves to consider, after the lapse of five
years, whether it may be necessary to revise, by common accord, the
above-mentioned tariffs.
ARTICLE 15. The affluents of the Congo shall in all respects be
subject to the same rules as the river of which they are tributaries.
And the same rules shall apply to the streams and river as well as
the lakes and canals in the territories defined in paragraphs 2 and 3
of Article 1.
At the same time the powers of the International Commission of the
Congo will not extend to the said rivers, streams, lakes, and canals
unless with the assent of the States under whose sovereignty they
are placed. It is well understood, also, that with regard to the
territories mentioned in paragraph 3 of Article 1, the consent of the
Sovereign States owning these territories is reserved.
ARTICLE 16. The roads, railways, or lateral canals which may be
constructed with the special object of obviating the innavigability
or correcting the imperfection of the river route on certain sections
of the course of the Congo, its affluents, and other waterways
placed under a similar system, as laid down in Article 15, shall
be considered, in their quality of means of communication, as
dependencies of this river, and as equally open to the traffic of all
nations.
And as on the river itself, so there shall be collected on these
roads, railways, and canals only tolls calculated on the cost of
construction, maintenance, and management, and on the profits due to
the promoters.
As regards the tariff of these tolls, strangers and the natives of
the respective territories shall be treated on a footing of perfect
equality.
ARTICLE 17. There is instituted an International Commission, charged
with the execution of the provisions of the present Act of Navigation.
The Signatory Powers of this Act, as well as those who may
subsequently adhere to it, may always be represented on the said
Commission, each by one Delegate. But no Delegate shall have more
than one vote at his disposal, even in the case of his representing
several Governments.
This Delegate will be directly paid by his Government. As for the
various agents and employees of the International Commission, their
remuneration shall be charged to the amount of the dues collected in
conformity with paragraphs 2 and 3 of Article 14.
The particulars of the said remuneration, as well as the number,
grade, and powers of the agents and employees, shall be entered in
the Returns to be sent yearly to the Governments represented on the
International Commission.
ARTICLE 18. The members of the International Commission, as well
as its appointed agents, are invested with the privileges of
inviolability in the exercise of their functions. The same guarantee
shall apply to the offices and archives of the Commission.
ARTICLE 19. The International Commission for the Navigation of the
Congo shall be constituted as soon as five of the Signatory Powers
of the present General Act shall have appointed their Delegates. And
pending the constitution of the Commission the nomination of these
Delegates shall be notified to the Imperial Government of Germany,
which will see to it that the necessary steps are taken to summon the
meeting of the Commission.
The Commission will at once draw up Navigation, River Police, Pilot,
and Quarantine Rules.
These Rules, as well as the tariffs to be framed by the Commission,
shall, before coming into force, be submitted for approval to the
Powers represented on the Commission. The Powers interested will have
to communicate their views with as little delay as possible.
Any infringements of these Rules will be checked by the agents of the
International Commission wherever it exercises direct authority, and
elsewhere by the Riverain Power.
In the case of an abuse of power, or an act of injustice, on the
part of any agent or employee of the International Commission,
the individual who considers himself to be aggrieved in his
person or rights may apply to the Consular Agent of his country.
The latter will examine his complaint, and if he finds it _primâ
facie_ reasonable, he will then be entitled to bring it before the
Commission. At his instance then, the Commission, represented by at
least three of its members, shall in conjunction with him inquire
into the conduct of its agent or employee. Should the Consular Agent
look upon the decision of the Commission as raising questions of
law (_objections de droit_), he will report on the subject to his
Government, which may then have recourse to the Powers represented on
the Commission, and invite them to agree as to the instructions to be
given to the Commission.
ARTICLE 20. The International Commission of the Congo, charged
in terms of Article 17 with the execution of the present Act of
Navigation, shall in particular have power—
1. To decide what works are necessary to assure the navigability of
the Congo in accordance with the needs of international trade.
On those sections of the river where no Power exercises sovereign
rights, the International Commission will itself take the necessary
measures for assuring the navigability of the river.
On those sections of the river held by a Sovereign Power, the
International Commission will concert its action (_s’entendra_) with
the riparian authorities.
2. To fix the pilot tariff and that of the general navigation dues as
provided for by paragraphs 2 and 3 of Article 14.
The tariffs mentioned in the first paragraph of Article 14 shall be
framed by the territorial authorities within the limits prescribed in
the said Article.
The levying of the various dues shall be seen to by the international
or territorial authorities on whose behalf they are established.
3. To administer the revenue arising from the application of the
preceding paragraph (2).
4. To superintend the quarantine establishment created in virtue of
Article 24.
5. To appoint officials for the general service of navigation, and
also its own proper employees.
It will be for the territorial authorities to appoint Sub-Inspectors
on sections of the river occupied by a Power, and for the
International Commission to do so on the other sections.
The Riverain Power will notify to the International Commission the
appointment of Sub-Inspectors, and this Power will undertake the
payment of their salaries.
In the exercise of its functions as above defined and limited, the
International Commission will be independent of the territorial
authorities.
ARTICLE 21. In the accomplishment of its task the International
Commission may, if need be, have recourse to the war-vessels of the
Signatory Powers of this Act, and of those who may in future accede
to it, under reserve, however, of the instructions which may be given
to the Commanders of their vessels by their respective Governments.
ARTICLE 22. The war vessels of the Signatory Powers of this Act
that may enter the Congo are exempt from payment of the navigation
dues provided for in paragraph 3 of Article 14; but unless their
intervention has been called for by the International Commission or
its agents, in terms of the preceding Article, they shall be liable
to the payment of the pilot or harbour dues which may eventually be
established.
ARTICLE 23. With the view of providing for the technical and
administrative expenses which it may incur, the International
Commission created by Article 17 may, in its own name, negotiate
loans to be exclusively guaranteed by the revenues raised by the said
Commission.
The decisions of the Commission dealing with the conclusion of a loan
must be come to by a majority of two thirds. It is understood that
the Governments represented on the Commission shall not in any case
be held as assuming any guarantee, or as contracting any engagement
or joint liability (_solidarité_) with respect to the said loans,
unless under special Conventions concluded by them to this effect.
The revenue yielded by the dues specified in paragraph 3 of Article
14 shall bear, as a first charge, the payment of the interest and
sinking fund of the said loans, according to agreement with the
lenders.
ARTICLE 24. At the mouth of the Congo there shall be founded, either
on the initiative of the Riverain Powers, or by the intervention of
the International Commission, a quarantine establishment for the
control of vessels passing out of as well as into the river.
Later on, the Powers will decide whether and on what conditions a
sanitary control shall be exercised over vessels engaged in the
navigation of the river itself.
ARTICLE 25. The provisions of the present Act of Navigation shall
remain in force in time of war. Consequently all nations, whether
neutral or belligerent, shall always be free, for the purposes of
trade, to navigate the Congo, its branches, affluents, and mouths, as
well as the territorial waters fronting the embouchure of the river.
Traffic will similarly remain free, despite a state of war, on the
roads, railways, lakes, and canals mentioned in Articles 15 and 16.
There will be no exception to this principle except in so far as
concerns the transport of articles intended for a belligerent and, in
virtue of the law of nations, regarded as contraband of war.
All the works and establishments created in pursuance of the present
Act, especially the tax-collecting offices and their treasuries,
as well as the permanent service staff of these establishments,
shall enjoy the benefits of neutrality (_places sous le régime de
la neutralité_), and shall therefore be respected and protected by
belligerents.
CHAPTER V.—_Act of Navigation for the Niger_
ARTICLE 26. The navigation of the Niger, without excepting any of
its branches and outlets, is and shall remain entirely free for the
merchant-ships of all nations equally, whether with cargo or ballast,
for the transportation of goods and passengers. It shall be regulated
by the provisions of this Act of Navigation, and by the rules to be
made in pursuance of this Act.
In the exercise of this navigation the subjects and flags of all
nations shall be treated, in all circumstances, on a footing of
perfect equality, not only for the direct navigation from the open
sea to the inland ports of the Niger and _vice versâ_, but for the
great and small coasting trade, and for boat trade on the course of
the river.
Consequently, on all the course and mouths of the Niger there will
be no distinction made between the subjects of the Riverain States
and those of non-Riverain States; and no exclusive privilege of
navigation will be conceded to companies, corporations, or private
persons.
These provisions are recognised by the Signatory Powers as forming
henceforth a part of international law.
ARTICLE 27. The navigation of the Niger shall not be subject to any
restriction or obligation based merely on the fact of navigation.
It shall not be exposed to any obligation in regard to landing,
station, or depôt, or for breaking bulk, or for compulsory entry into
port.
In all the extent of the Niger the ships and goods in process of
transit on the river shall be submitted to no transit dues, whatever
their starting-place or destination.
No maritime or river toll shall be levied based on the sole fact
of navigation, nor any tax on goods on board of ships. There shall
only be collected taxes or duties which shall be an equivalent for
services rendered to navigation itself. The tariff of these taxes or
duties shall not warrant any differential treatment.
ARTICLE 28. The affluents of the Niger shall be in all respects
subject to the same rules as the river of which they are tributaries.
ARTICLE 29. The roads, railways, or lateral canals which may be
constructed with the special object of obviating the innavigability
or correcting the imperfections of the river route on certain
sections of the course of the Niger, its affluents, branches,
and outlets, shall be considered, in their quality of means of
communication, as dependencies of this river and as equally open to
the traffic of all nations.
And as on the river itself, so there shall be collected on these
roads, railways, and canals only tolls calculated on the cost of
construction, maintenance, and management, and on the profits due to
the promoters.
As regards the tariff of these tolls, strangers and the natives of
the respective territories shall be treated on a footing of perfect
equality.
ARTICLE 30. Great Britain undertakes to apply the principles of
freedom of navigation enunciated in Articles 26, 27, 28, and 29, on
so much of the waters of the Niger, its affluents, branches, and
outlets, as are or may be under her sovereignty or protection.
The rules which she may establish for the safety and control of
navigation shall be drawn up in a way to facilitate, as far as
possible, the circulation of merchant-ships.
It is understood that nothing in these obligations shall be
interpreted as hindering Great Britain from making any rules of
navigation whatever which shall not be contrary to the spirit of
these engagements.
Great Britain undertakes to protect foreign merchants and all the
trading nationalities on all those portions of the Niger which are or
may be under her sovereignty or protection as if they were her own
subjects, provided always that such merchants conform to the rules
which are or shall be made in virtue of the foregoing.
ARTICLE 31. France accepts, under the same reservations, and in
identical terms, the obligations undertaken in the preceding Articles
in respect of so much of the waters of the Niger, its affluents,
branches, and outlets, as are or may be under her sovereignty or
protection.
ARTICLE 32. Each of the other Signatory Powers binds itself in the
same way, in case it should ever exercise in the future rights of
sovereignty or protection over any portion of the waters of the
Niger, its affluents, branches, or outlets.
ARTICLE 33. The arrangements of the present Act of Navigation will
remain in force in time of war. Consequently, the navigation of all
neutral or belligerent nations will be in all times free for the
usages of commerce on the Niger, its branches, its affluents, its
mouths, and outlets, as well as on the territorial waters opposite
the mouths and outlets of that river.
The traffic will remain equally free in spite of a state of war on
the roads, railways, and canals mentioned in Article 29.
There will be an exception to this principle only in that which
relates to the transport of articles destined for a belligerent
and considered, in virtue of the law of nations, as articles of
contraband of war.
CHAPTER VI.—_Declaration relative to the essential Conditions to be
observed in order that new Occupations on the Coasts of the African
Continent may be held to be effective_
ARTICLE 34. Any Power which henceforth takes possession of a tract of
land on the coasts of the African Continent outside of its present
possessions, or which, being hitherto without such possessions, shall
acquire them, as well as the Power which assumes a protectorate
there, shall accompany the respective act with a notification
thereof, addressed to the other Signatory Powers of the present Act,
in order to enable them, if need be, to make good any claims of their
own.
ARTICLE 35. The Signatory Powers of the present Act recognise the
obligation to ensure the establishment of authority in the regions
occupied by them on the coasts of the African Continent sufficient to
protect existing rights, and, as the case may be, freedom of trade
and of transit under the conditions agreed upon.
CHAPTER VII.—_General Dispositions_
ARTICLE 36. The Signatory Powers of the present General Act reserve
to themselves to introduce into it subsequently, and by common
accord, such modifications and improvements as experience may show to
be expedient.
ARTICLE 37. The Powers who have not signed the present General Act
shall be free to adhere to its provisions by a separate instrument.
The adhesion of each Power shall be notified in diplomatic form to
the Government of the German Empire, and by it in turn to all the
other Signatory or adhering Powers.
Such adhesion shall carry with it full acceptance of all the
obligations as well as admission to all the advantages stipulated by
the present General Act.
ARTICLE 38. The present General Act shall be ratified with as little
delay as possible, the same in no case to exceed a year.
It will come into force for each Power from the date of its
ratification by that Power.
Meanwhile, the Signatory Powers of the present General Act bind
themselves not to take any steps contrary to its provisions.
Each Power will address its ratification to the Government of the
German Empire, by which notice of the fact will be given to all the
other Signatory Powers of the present Act.
The ratifications of all the Powers will be deposited in the archives
of the Government of the German Empire. When all the ratifications
shall have been sent in, there will be drawn up a Deposit Act, in
the shape of a Protocol, to be signed by the Representatives of all
the Powers which have taken part in the Conference of Berlin, and of
which a certified copy will be sent to each of those Powers.
In testimony whereof the several Plenipotentiaries have signed the
present General Act and have affixed thereto their seals.
Done at Berlin the 26th day of February, 1885.
(Here follow the signatures of the Plenipotentiaries in the order
of their names in the preamble.)
THE TEXT OF THE DECLARATIONS AND TREATIES BETWEEN THE INTERNATIONAL
ASSOCIATION OF THE CONGO AND ITS NEIGHBOURS, GERMANY, GREAT
BRITAIN, FRANCE, AND PORTUGAL. ALSO ITS DECLARATION EXCHANGED WITH
BELGIUM.
On 8th November, 1884, a convention was concluded between the
German Empire and the Association. The following are its terms:
ARTICLE 1. The International Association of the Congo engages not
to levy any duty on articles or merchandise imported directly or in
transit into its present or future possessions in the basins of the
Congo and the Niadi-Kwilu, or into its possessions situated on the
Atlantic Ocean. This exemption from duties especially applies to
merchandise and articles of commerce which are carried by the roads
made round the cataracts of the Congo.
ARTICLE 2. The subjects of the German Empire shall have the right
of sojourning and of establishing themselves on the territories of
the Association. They shall be treated on the same footing as the
subjects of the most favoured nation, including the inhabitants of
the country, so far as concerns the protection of their persons and
possessions, the free exercise of their religion, the recognition and
defence of their rights, as well as in matters of navigation, trade,
or manufactures.
Especially, they shall have the right of buying, selling, and leasing
lands and buildings situated in the territories of the Association,
of establishing commercial houses, and carrying on trade or the
coasting trade under the German flag.
ARTICLE 3. The Association engages never to grant any privileges
whatsoever to the subjects of any other nation without their being
immediately extended to German subjects.
ARTICLE 4. In the event of the cession of the present or future
territory of the Association, or of any part of it, the obligations
contracted by the Association towards the German Empire shall be
transferred to the occupier. These obligations and the rights granted
by the Association to the German Empire and its subjects shall remain
in force after every cession as far as regards each new occupier.
ARTICLE 5. The German Empire recognises the flag of the Association—a
blue flag with a golden star in the centre—as that of a friendly
State.
ARTICLE 6. The German Empire is ready on its part to recognise the
frontiers of the territory of the Association and of the new State
which is to be created, as they are shown in the annexed Map.
ARTICLE 7. This Convention shall be ratified and the ratifications
shall be exchanged with the least possible delay.
This Convention shall come into force immediately after the exchange
of the ratifications.
Done at Berlin the 8th November, 1884.
(Signed) Count v. BRANDENBOURG.
STRAUCH.
On 16th December, 1884, Great Britain and the International
Association of the Congo exchanged declarations and concluded a
Convention. The following is the declaration of the Association:
The International Association of the Congo, founded by His
Majesty the King of the Belgians for the purpose of promoting the
civilisation and commerce of Africa, and for other humane and
benevolent purposes, hereby declares as follows:—
ARTICLE 1. That by Treaties with the legitimate Sovereigns in
the basins of the Congo and of the Niadi-Kwilu, and in adjacent
territories upon the Atlantic, there has been ceded to it territory
for the use and benefit of Free States established, and being
established, in the said basins and adjacent territories.
ARTICLE 2. That by virtue of the said Treaties, the administration of
the interests of the said Free States is vested in the Association.
ARTICLE 3. That the Association has adopted as its standard, and that
of the said Free States, a blue flag with a golden star in the centre.
ARTICLE 4. That with a view of enabling commerce to penetrate
into Equatorial Africa, the Association and the said Free States
have resolved to levy no customs duties upon goods or articles of
merchandise imported directly into their territories or brought by
the route which has been constructed around the cataracts of the
Congo.
ARTICLE 5. That the Association and the said Free States guarantee
to foreigners established in their territories the free exercise of
their religion, the rights of navigation, commerce, and industry, and
the right of buying, selling, letting, and hiring lands, buildings,
mines, and forests, on the sole condition that they shall obey the
laws.
ARTICLE 6. That the Association and the said free States will do all
in their power to prevent the Slave Trade and to suppress slavery.
Done at Berlin, the 16th December, 1884.
(On behalf of the Association),
(Signed) STRAUCH.
The declaration of the British Government was as follows:
The Government of Her Britannic Majesty declare their sympathy
with, and approval of, the humane and benevolent purposes of the
Association, and hereby recognise the flag of the Association, and of
the Free States under its administration, as the flag of a friendly
Government.
(On behalf of Her Majesty’s Government),
EDWARD B. MALET.
The Convention itself was couched in the following terms:
Whereas the Government of Her Britannic Majesty have recognised the
flag of the International Association of the Congo, and of the Free
States under its administration, as the flag of a friendly Government;
And whereas it is expedient to regulate and define the rights of
British subjects in the territories of the said Free States, and to
provide for the exercise of civil and criminal jurisdiction over
them, in manner hereinafter mentioned, until sufficient provision
shall have been made by the Association for the administration of
justice among foreigners;
It is hereby agreed as follows:—
ARTICLE 1. The International Association of the Congo undertakes not
to levy any duty, import or transit, on articles or merchandise
imported by British subjects into the said territories, or into any
territory which may hereafter come under its government. This freedom
from custom-house duties shall extend to merchandise and articles
of commerce which shall be transported along the roads or canals
constructed, or to be constructed, around the cataracts of the Congo.
ARTICLE 2. British subjects shall have at all times the right of
sojourning and of establishing themselves within the territories
which are or shall be under the Government of the said Association.
They shall enjoy the same protection which is accorded to the
subjects or citizens of the most favoured nation in all matters which
regard their persons, their property, the free exercise of their
religion, and the rights of navigation, commerce, and industry.
Especially they shall have the right of buying, of selling, of
letting, and of hiring lands and buildings, mines, and forests,
situated within the said territories, and of founding houses of
commerce, and of carrying on commerce and a coasting trade under the
British flag.
ARTICLE 3. The Association engages itself not to accord any
advantages whatsoever to the subjects of any other nation without the
same advantages being extended to British subjects.
ARTICLE 4. Her Majesty the Queen of Great Britain and Ireland may
appoint Consuls or other Consular Officers to reside at ports or
stations within the said territories, and the Association engages
itself to protect them.
ARTICLE 5. Every British Consul or Consular Officer within the said
territories, who shall be thereunto duly authorised by Her Britannic
Majesty’s Government, may hold a Consular Court for the district
assigned to him, and shall exercise sole and exclusive jurisdiction,
both civil and criminal, over the persons and property of British
subjects within the same, in accordance with British law.
ARTICLE 6. Nothing in the last preceding Article contained shall be
deemed to relieve any British subject from the obligation to observe
the laws of the said Free States applicable to foreigners, but any
infraction thereof by a British subject shall be justiciable only by
a British Consular Court.
ARTICLE 7. Inhabitants of the said territories who are subject to the
Government of the Association, if they shall commit any wrong against
the person or property of a British subject, shall be arrested and
punished by the authorities of the Association according to the laws
of the said Free States.
Justice shall be equitably and impartially administered on both sides.
ARTICLE 8. A British subject, having reason to complain against an
inhabitant of the said territories, who is subject to the Government
of the Association, must proceed to the British Consulate, and there
state his grievance. The Consul shall inquire into the merits of
the case, and do his utmost to arrange it amicably. In like manner,
if any such inhabitant of the said territories shall have reason to
complain against a British subject, the British Consul shall no less
listen to his complaint and endeavour to settle it in a friendly
manner. If disputes take place of such a nature that the Consul
cannot arrange them amicably, then he shall request the assistance of
the authorities of the Association to examine into the merits of the
case and decide it equitably.
ARTICLE 9. Should any inhabitant of the said territories, who is
subject to the Government of the Association, fail to discharge
any debt incurred to a British subject, the authorities of the
Association will do their utmost to bring him to justice, and to
enforce recovery of the said debt; and should any British subject
fail to discharge a debt incurred by him to any such inhabitant, the
British authorities will in like manner do their utmost to bring him
to justice, and to enforce recovery of the debt. No British Consul
nor any authority of the Association is to be held responsible for
the payment of any debt contracted either by a British subject or,
by any inhabitant of the said territories, who is subject to the
Government of the Association.
ARTICLE 10. In case of the Association being desirous to cede any
portion of the territory now or hereafter under its Government, it
shall not cede it otherwise than as subject to all the engagements
contracted by the Association under this Convention. Those
engagements, and the rights thereby accorded to British subjects,
shall continue to be in vigour after every cession made to any new
occupant of any portion of the said territory.
This Convention shall, be ratified, and the ratifications shall be
exchanged with the least possible delay. It shall come into operation
immediately upon the exchange of ratifications.
Done at Berlin the 16th December, 1884.
(Signed) EDWARD B. MALET.
STRAUCH.
On 5th February, 1885, was concluded a Convention with the French
Republic.
ARTICLE 1. The International Association of the Congo hereby
declares that it extends to France the privileges it has conceded
to the United States of America, the German Empire, England, Italy,
Austria-Hungary, the Netherlands, and Spain, in virtue of the
Conventions which it concluded with those Powers respectively on the
22nd April, 8th November, 16th, 19th, 24th, and 29th December, 1884,
and 7th January, 1885, the text of which is annexed to the present
Convention.
ARTICLE 2. The Association engages moreover never to grant any
privileges whatever to the subjects of any other nation without their
being immediately extended to French citizens.
ARTICLE 3. The Government of the French Republic and the Association
adopt as frontiers between their possessions:—
The River Chiloango from the ocean to its northernmost source;
The water-parting of the waters of the Niadi Quilloo and the Congo as
far as beyond the meridian of Manyanga;
A line to be settled, which, following as far as possible some
natural division of the land, shall end between the station of
Manyanga and the cataract of the Ntombo Mataka, at a point situated
on the navigable portion of the river;
The Congo up to Stanley Pool;
The centre of Stanley Pool;
The Congo up to a point to be settled above the River Licona-Nkundja;
A line to be settled from that point to the 17th degree of
longitude east of Greenwich, following, as closely as possible, the
water-parting of the basin of the Licona-Nkundja, which is part of
the French possessions;
The 17th degree of longitude east of Greenwich.
ARTICLE 4. A Commission, composed of an equal number on each side
of Representatives of the two parties, shall be intrusted with the
duty of marking out on the spot a frontier-line in conformity with
the preceding stipulations. In case of a difference of opinion, the
question shall be settled by Delegates, who shall be named by the
International Commission of the Congo.
ARTICLE 5. Subject to the arrangements to be made between the
International Association of the Congo and Portugal as to the
territories situated to the south of the Chiloango, the Government of
the French Republic is disposed to recognise the neutrality of the
possessions of the International Association comprised within the
frontiers marked on the annexed Map, conditionally upon discussing
and regulating the conditions of such neutrality in common with the
other Powers represented at the Berlin Conference.
ARTICLE 6. The Government of the French Republic recognises the flag
of the International Association of the Congo—a blue flag with a
golden star in the centre—as the flag of a friendly Government.
In testimony whereof the respective Plenipotentiaries have signed the
present Convention and have affixed thereunto their seals.
Done at Paris the 5th February, 1885.
(L. S.) (Signed) JULES FERRY.
(L. S.) (Signed) Comte PAUL DE BORCHGRAVE D’ALTENA.
The Convention concluded with Portugal is dated 14th February, 1885.
ARTICLE 1. The International Association of the Congo hereby declares
that it extends to Portugal the privileges it has conceded to
the United States of America, the German Empire, England, Italy,
Austria-Hungary, the Netherlands, Spain, France, and the United
Kingdoms of Sweden and Norway, in virtue of the Conventions which
it concluded with the Powers respectively on the 22nd April, 8th
November, 16th, 19th, 24th, and 29th December, 1884, 7th January
and 5th and 10th February, 1885, certified copies of which the
Association engages to transmit to the Government of His Most
Faithful Majesty.
ARTICLE 2. The International Association of the Congo engages
moreover never to grant any privileges whatsoever to the subjects
of any other nation without their being immediately extended to the
subjects of His Most Faithful Majesty.
ARTICLE 3. The International Association of the Congo and His Most
Faithful Majesty the King of Portugal and the Algarves adopt the
following frontiers between their possessions in West Africa, namely:—
To the north of the River Congo (Zaire) the right frontier joining
the mouth of the river which empties itself into the Atlantic
Ocean, to the south of the Bay of Kabinda, near Ponta Vermelha, at
Cabo-Lombo;
The parallel of this latter point prolonged till it intersects the
meridian of the junction of the Culacalla with the Luculla;
The meridian thus fixed until it meets the River Luculla;
The course of the Luculla to its junction with the Chiloango (Luango
Luce);
The course of the Congo (Zaire) from its mouth to its junction with
the little River Uango-Uango;
The meridian which passes by the mouth of the little River
Uango-Uango between the Dutch and Portuguese factories, so as to
leave the latter in Portuguese territory, till this meridian touches
the parallel of Nokki;
The parallel of Nokki till the point where it intersects the River
Kuango (Cuango);
From this point, in a southerly direction, the course of the Kuango
(Cuango).
ARTICLE 4. A Commission, composed of an equal number on each side
of Representatives of the two sides, shall be intrusted with the
duty of marking out on the spot a frontier-line in conformity with
the preceding stipulations. In case of a difference of opinion, the
question shall be settled by Delegates who shall be named by the
International Commission of the Congo.
ARTICLE 5. His Most Faithful Majesty the King of Portugal and the
Algarves is inclined to recognise the neutrality of the possessions
of the International Association of the Congo, conditionally upon
discussing and regulating the conditions of such neutrality in common
with the other Powers represented at the Berlin Conference.
ARTICLE 6. His Most Faithful Majesty the King of Portugal and the
Algarves recognises the flag of the International Association of the
Congo—a blue flag with a golden star in the centre—as the flag of a
friendly Government.
ARTICLE 7. The present Convention shall be ratified, and the
ratifications shall be exchanged at Paris within three months, or a
shorter time if possible.
In testimony of which the Plenipotentiaries of the two Contracting
Parties, as well as his Excellency Baron de Courcel, Ambassador
Extraordinary and Plenipotentiary of France at Berlin, as
representing the mediatory Power, have signed and affixed their seal
to the present Convention.
Done in triplicate at Berlin this 14th day of the month of February,
1885.
(Signed) STRAUCH.
Marquis de PÉNAFIEL.
ALPH. DE COURCEL.
Declarations were exchanged between the Belgian Government and the
Association on 25th February, 1885.
The International Association of the Congo declares by these presents
that, by Treaties concluded with the legitimate Sovereigns in the
basin of the Congo and its tributaries, vast territories have been
ceded to it with all the rights of sovereignty, with a view to the
creation of a free and independent State; that Conventions mark off
the frontiers of the territories of the Association from those of
France and Portugal, and that the frontiers of the Association are
shown on the annexed Map;
That the said Association has adopted as the flag of the State
administered by it a blue flag with a golden star in the centre;
That the said Association has resolved not to levy any customs duties
on goods or products imported into its territories or carried by
the road which has been made round the cataracts of the Congo; this
resolution has been adopted to assist commerce to penetrate into
Equatorial Africa;
That it insures foreigners who may establish themselves in its
territories the right of buying, selling, or leasing lands and
buildings therein situated, of establishing commercial houses, and
carrying on trade under the sole condition of obeying the law. It
engages, moreover, never to grant the citizens of one nation any
privilege whatever without immediately extending it to the citizens
of all other nations, and to do all in its power to prevent the Slave
Trade.
In testimony of which the President of the Association, acting in its
behalf, has hereunto affixed his seal and signature.
Berlin, the 23rd day of February, 1885.
(Signed) STRAUCH.
The Belgian Government takes note of the declarations of the
International Association of the Congo, and by these presents
recognises the Association within the limits indicated by it, and
recognises its flag as on an equality with that of a friendly State.
In testimony of which the Undersigned, being duly authorised thereto,
have hereunto affixed their seal and signature.
Berlin, the 23rd day of February, 1885.
(Signed) Comte AUGUSTE VAN DER STRATEN-PONTHOZ.
Baron LAMBERMONT.
DECLARATION OF THE GENERAL ACT OF THE BRUSSELS CONFERENCE, JULY 2,
1890
The Powers assembled in Conference at Brussels, who have ratified the
General Act of Berlin of the 26th February, 1885, or who have acceded
thereto,
After having drawn up and signed in concert, in the General Act of
this day, a collection of measures intended to put an end to the
Negro Slave Trade by land as well as by sea, and to improve the moral
and material conditions of existence of the native races;
Taking into consideration that the execution of the provisions which
they have adopted with this object imposes on some of them who have
possessions or Protectorates in the conventional basin of the Congo
obligations which absolutely demand new resources to meet them;
Have agreed to make the following Declaration:—
The Signatory or adhering Powers who have possessions or
Protectorates in the said conventional basin of the Congo are
authorised, so far as they require any authority for the purpose,
to establish therein duties upon imported goods, the scale of which
shall not exceed a rate equivalent to 10 per cent. “ad valorem” at
the port of entry, always excepting spirituous liquors, which are
regulated by the provisions of Chapter VI. of the General Act of this
day.
After the signature of the said General Act, negotiations shall be
opened between the Powers who have ratified the General Act of Berlin
or who have adhered to it, in order to draw up, within the maximum
limit of 10 per cent. “ad valorem” the conditions of the Customs
system to be established in the conventional basin of the Congo.
Nevertheless, it is understood:—
1. That no differential treatment or transit duty shall be
established;
2. That in applying the Customs system which may be agreed upon, each
Power will undertake to simplify formalities as much as possible, and
to facilitate trade operations;
3. That the arrangement resulting from the proposed negotiations
shall remain in force for fifteen years from the signature of the
present Declaration.
At the expiration of this period, and failing a fresh Agreement,
the Contracting Powers shall return to the conditions provided for
by Article IV. of the General Act of Berlin, retaining the power of
imposing duties up to a maximum of 10 per cent. upon goods imported
into the conventional basin of the Congo.
The ratifications of the present Declaration shall be exchanged at
the same time as those of the General Act of this day.
In witness whereof the undersigned Plenipotentiaries have drawn up
the present Declaration, and have affixed thereto their seals.
Done at Brussels, the 2nd day of the month of July, 1890.
[L. S.] Vivian, John Kirk, Alvensleben, Göhring, R. Khevenhüller,
Lambermont, E. Banning, Schack de Brockdorff, J. G. de Aguera, Edm.
van Eetvelde, A. van Malgeghem, A. Bourée, G. Cogordan, F. de Renzis,
T. Catalani, L. Gericke, Henrique de Macedo, Pereiro Coutinho, L.
Ouroussoff, Martens, Burenstam, Et Caratheodory.
TREATY OF AMITY, COMMERCE, AND NAVIGATION
HIS MAJESTY LEOPOLD II., KING OF THE BELGIANS, SOVEREIGN OF THE
INDEPENDENT STATE OF THE CONGO, and
THE UNITED STATES OF AMERICA,
desiring to perpetuate, confirm and encourage the relations of
commerce and of good understanding existing already between the
two respective countries, by the conclusion of a treaty of amity,
commerce, navigation and extradition, have for this purpose named as
their respective Plenipotentiaries, viz.:
HIS MAJESTY LEOPOLD II., KING OF THE BELGIANS, SOVEREIGN OF THE
INDEPENDENT STATE OF THE CONGO,
Edm. van Eetvelde, Administrator General of the Department of Foreign
Affairs, Officer of His Order of Leopold, and
HIS EXCELLENCY THE PRESIDENT OF THE UNITED STATES OF AMERICA,
Edwin H. Terrell, Envoy Extraordinary and Minister Plenipotentiary
of the United States of America near His Majesty the King of the
Belgians, who, after having communicated to each other their full
powers, found in good and due form, have agreed upon the following
articles:
ARTICLE I.—There shall be full, entire and reciprocal liberty of
commerce, establishment and navigation between the citizens and
inhabitants of the two High contracting Parties.
The citizens and inhabitants of the Independent State of the Congo
in the United States of America and those of the United States of
America in the independent State of the Congo shall have reciprocally
the right, on conforming to the laws of the country, to enter, travel
and reside in all parts of their respective territories; to carry
on business there; and they shall enjoy in this respect for the
protection of their persons and their property the same treatment and
the same rights as the natives, or the citizens and inhabitants of
the most favoured nation.
They can freely exercise their industry or their business, as
well wholesale as retail, in the whole extent of the territories,
without being subjected as to their persons or their property, or by
reason of their business, to any taxes, general or local, imposts
or conditions whatsoever other or more onerous than those which are
imposed or may be imposed upon the natives other than non-civilised
aborigines, or upon the citizens and inhabitants of the most favoured
nation.
In like manner, they will enjoy reciprocally the treatment of the
most favoured nation in all that relates to rights, privileges,
exemptions and immunities whatsoever concerning their persons or
their property and in the matter of commerce, industry and navigation.
ARTICLE II.—In all that concerns the acquisition, succession,
possession and alienation of property, real and personal, the
citizens and inhabitants of each of the High contracting Parties
shall enjoy in the territories of the other all the rights which the
respective laws accord or shall accord in those territories to the
citizens and inhabitants of the most favoured nation.
ARTICLE III.—The citizens and inhabitants of each of the High
contracting Parties shall be exempt in the territories of the other
from all personal service in the army, navy, or militia, and from
all pecuniary contributions in lieu of such, as well as from all
obligatory official functions whatever, except the obligation of
sitting, within a radius of one hundred kilometres from the place of
their residence, as a juror in judicial proceedings; furthermore,
their property shall not be taken for the public service without an
ample and sufficient compensation.
They shall have free access to the courts of the other, on conforming
to the laws regulating the matter, as well for the prosecution as
for the defence of their rights, in all the degrees of jurisdiction
established by law. They can be represented by lawyers, and they
shall enjoy, in this respect, and in what concerns domiciliary visits
to their houses, manufactories, stores, warehouses, etc., the same
rights and the same advantages which are or shall be granted to the
citizens and inhabitants of the most favoured nation, or to natives.
ARTICLE IV.—The citizens and inhabitants of the two countries shall
enjoy, in the territory of the other, a full and entire liberty of
conscience. They shall be protected in the free exercise of their
worship; they shall have the right to erect religious edifices and to
organise and maintain missions.
ARTICLE V.—It will be lawful for the two High contracting Parties to
appoint and establish consuls, vice consuls, deputy consuls, consular
agents and commercial agents in the territories of the other; but
none of these agents can exercise his functions before having
received the necessary exequatur from the Government to which he is
delegated.
The said agents of each of the two High contracting Parties shall
enjoy, in the territories of the other, upon the footing of a
complete reciprocity, all the privileges, immunities and rights which
are actually granted to those of the most favoured nation or which
may be accorded to them hereafter.
The said agents, citizens or inhabitants of the State by which they
are appointed shall not be subject to preliminary arrest, except
in the case of acts qualified as crimes by the local legislation
and punished as such. They shall be exempt from military billeting
and from service in the army, navy, or militia, as well as from all
direct taxes, unless these should be due on account of real estate,
or, unless the said agents should exercise a profession or business
of any kind.
The said agents can raise their national flag over their offices.
The consular offices shall be at all times inviolable. The local
authorities can not invade them under any pretext. They can not in
any case examine or seize the papers which shall be there deposited.
The consular offices can not, on the other hand, serve as place
of asylum, and if an agent of the consular service is engaged in
business, commercial or other, the papers relating to the consulate
shall be kept separate.
The said agents shall have the right to exercise all the functions
generally appertaining to consuls, especially in what concerns
the legalisation of private and public documents, of invoices and
commercial contracts, the taking of depositions and the right of
authenticating legal acts and documents.
The said agents shall have the right to address the administrative
and judicial authorities of the country in which they exercise their
functions in order to complain of any infraction of the treaties
or conventions existing between the two Governments, and for the
purpose of protecting the rights and interests of the citizens and
inhabitants of their country. They shall have also the right to
settle all differences arising between the captains or the officers
and the sailors of the sea-vessels of their nation. The local
authorities shall abstain from interfering in these cases unless the
maintenance of the public tranquillity requires it, or, unless their
assistance should be asked by the consular authority in order to
assure the execution of its decisions.
The local authorities will give to the said agents and, on their
default, to the captains or their casual representatives, all aid
for the search and arrest of sailor deserters, who shall be kept and
guarded in the prisons of the State upon the requisition and at the
expense of the consuls or of the captains, during a maximum delay of
two months.
ARTICLE VI.—The citizens and inhabitants of each of the High
contracting Parties shall have reciprocally, according to the same
rights and conditions and with the same privileges as those of the
most favoured nation, the right to enter with their vessels and
cargoes into all the ports and to navigate upon all the rivers and
interior waters of the other State.
The vessels of each of the contracting Parties and of its citizens
or inhabitants can freely navigate upon the waters of the territory
of the other, without being subject to any other tolls, charges or
obligations than those which the vessels belonging to the citizens or
inhabitants of the most favoured nation would have to bear.
There will not be imposed by either of the contracting Parties upon
the vessels belonging to the other or to the citizens or inhabitants
of the other, in the matter of tonnage, port charges, pilotage,
lighthouse and quarantine dues, salvage of vessels and other
administrative expenses whatsoever concerning navigation, any taxes
or charges whatever, other or higher than those which are or shall
be imposed upon the public or private vessels of the most favoured
nation.
It is agreed that every vessel belonging to one of the High
contracting Parties or to a citizen or inhabitant of one of them,
having the right to bear the flag of that country and having the
right to its protection, both according to the laws of that country,
shall be considered as a vessel of that nationality.
ARTICLE VII.—In what concerns the freight and facilities of
transportation, and tolls, the merchandise belonging to the citizens
or inhabitants of one of the contracting States transported over the
roads, railroads and waterways of the other State, shall be treated
on the same footing as the merchandise belonging to the citizens or
inhabitants of the most favoured nation.
ARTICLE VIII.—In the territories of neither of the High contracting
Parties shall there be established or enforced a prohibition against
the importation, exportation or transit of any article of legal
commerce, produced or manufactured in the territories of the other,
unless this prohibition shall equally and at once be extended to all
other nations.
ARTICLE IX.—Relating to extraction was stricken out by the Senate.
ARTICLE X.—The Republic of the United States of America, recognising
that it is just and necessary to facilitate to the Independent State
of the Congo the accomplishment of the obligations which it has
contracted by virtue of the General Act of Brussels of July 2nd,
1890, admits, so far as it is concerned, that import duties may be
collected upon merchandise imported into the said State.
The tariff of these duties cannot go beyond 10 per cent. of the value
of the merchandise at the port of importation, during fifteen years
to date from July 2nd, 1890, except for spirits, which are regulated
by the provisions of Chapter VI. of the General Act of Brussels.
At the expiration of this term of fifteen years, and in default of
a new accord, the Independent State of the Congo will be placed as
to the United States of America in the situation which existed prior
to July 2nd, 1890; the right to impose import duties to a maximum of
10 per cent. upon merchandise imported into the said State remaining
acquired to it, on the conditions and within the limitations
determined in Articles XI. and XII. of this treaty.
ARTICLE XI.—The United States shall enjoy in the Independent State of
the Congo, as to the import duties, all the advantages accorded to
the most favoured nation.
It has been agreed besides:
1. That no differential treatment nor transit duty can be established;
2. That in the application of the tariff _régime_ which will be
introduced, the Congo State will apply itself to simplify, as far
as possible, the formalities and to facilitate the operations of
commerce.
ARTICLE XII.—Considering the fact that in Article X. of the present
treaty, the United States of America have given their assent to
the establishment of import duties in the Independent State of the
Congo under certain conditions, it is well understood that the said
Independent State of the Congo assures to the flag, to the vessels,
to the commerce and to the citizens and inhabitants of the United
States of America, in all parts of the territories of that State, all
the rights, privileges and immunities concerning import and export
duties, tariff _régime_, interior taxes and charges and, in a general
manner, all commercial interests, which are or shall be accorded to
the Signatory Powers of the Act of Berlin, or to the most favoured
nation.
ARTICLE XIII.—In case a difference should arise between the two
High contracting Parties as to the validity, interpretation,
application or enforcement of any of the provisions contained in the
present treaty, and it could not be arranged amicably by diplomatic
correspondence between the two Governments, these last agree to
submit it to the judgment of an arbitration tribunal, the decision of
which they bind themselves to respect and execute loyally.
The tribunal will be composed of three members. Each of the two High
contracting Parties will designate one of them, selected outside of
the citizens and the inhabitants of either of the contracting States
and of Belgium. The High contracting Parties will ask, by common
accord, a friendly Government to appoint the third arbitrator, to be
selected equally outside of the two contracting States and of Belgium.
If an arbitrator should be unable to sit by reason of death,
resignation, or for any other cause, he shall be replaced by a new
arbitrator whose appointment shall be made in the same manner as that
of the arbitrator whose place he takes.
The majority of arbitrators can act in case of the intentional
absence or formal withdrawal of the minority. The decision of the
majority of the arbitrators will be conclusive upon all questions to
be determined.
The general expenses of the arbitration procedure will be borne, in
equal parts, by the two High contracting Parties; but the expenses
made by either of the parties for preparing and setting forth its
case will be at the cost of that party.
ARTICLE XIV.—It is well understood that if the declaration on the
subject of the import duties, signed July 2nd, 1890, by the Signatory
Powers of the Act of Berlin, should not enter into force, in that
case, the present treaty would be absolutely null and without effect.
ARTICLE XV.—The present treaty shall be subject to the approval and
the ratification, on the one hand, of His Majesty the King of the
Belgians, Sovereign of the Independent State of the Congo, and on the
other hand, of His Excellency the President of the United States,
acting by the advice and with the consent of the Senate.
The ratifications of the present treaty shall be exchanged at the
same time as those of the General Act of Brussels of July 2nd, 1890,
and it will enter into force at the same date as the latter.
In faith of which the respective Plenipotentiaries of the High
contracting Parties have signed the present treaty, in duplicate, in
French and in English, and have attached thereto their seals.
Done at Brussels, the twenty-fourth day of the month of January of
the year eighteen hundred and ninety-one.
[S.] EDM. VAN EETVELDE. [S.] EDWIN H. TERRELL.
RATIFICATION BY THE UNITED STATES
And whereas the said Treaty has been duly ratified on both parts, and
the ratifications of the two Governments were exchanged in the city
of Brussels, on the 2nd day of February, 1892,
Now, therefore, be it known that I, Benjamin Harrison, President of
the United States of America, have caused the said Treaty to be made
public as amended, to the end that the same and every article and
clause thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the city of Washington this second day of April in the year
of our Lord one thousand eight hundred and ninety-two, and of the
Independence of the United States the one hundred and sixteenth.
[SEAL] BENJ. HARRISON.
By the President.
JAMES G. BLAINE,
Secretary of State.
PROTOCOL RECORDING THE RATIFICATION BY THE UNITED STATES OF AMERICA
OF THE GENERAL ACT OF BRUSSELS OF JULY 2, 1890—SIGNED AT BRUSSELS,
FEBRUARY 2, 1892
On the 2nd February, 1892, in conformity with Article XCIX. of
the General Act of the 2nd July, 1890, and with the unanimous
decision of the Signatory Powers prolonging till the 2nd February,
1892, in favour of the United States, the period fixed by the said
Article XCIX., the Undersigned, Envoy Extraordinary and Minister
Plenipotentiary of the United States of America, deposited in the
hands of the Belgian Minister for Foreign Affairs the Ratification by
the President of the United States of the said General Act.
At His Excellency’s request the following Resolution whereby the
Senate of the United States consented to the Ratification of the
President, was inserted in the present Protocol:—
“_Resolved_ (two-thirds of the Senators present concurring therein),
“That the Senate advise and consent to the ratification of the
General Act signed at Brussels on the 2nd July, 1890, by the
Plenipotentiaries of the United States and other Powers, for the
suppression of the African Slave Trade, and for other purposes.
“_Resolved_ further: That the Senate advise and consent to the
acceptance of the partial ratification of the said General Act on
the part of the French Republic, and to the stipulations relative
thereto, as set forth in the Protocol signed at Brussels on the 2nd
February, 1892.
“_Resolved_ further, as a part of this act of ratification,
That the United States of America, having neither Possessions
nor Protectorates in Africa, hereby disclaims any intention, in
ratifying this Treaty, to indicate any interest whatsoever in the
Possessions or Protectorates established or claimed on that Continent
by the other Powers, or any approval of the wisdom, expediency, or
lawfulness thereof, and does not join in any expressions in the
said General Act which might be construed as such a declaration or
acknowledgment; and, for this reason, that it is desirable that a
copy of this Resolution be inserted in the Protocol to be drawn up at
the time of the exchange of the ratifications of this Treaty on the
part of the United States.”
The above Resolution of the Senate of the United States having been
textually communicated in advance by the Government of Belgium to all
the Signatory Powers of the General Act, the latter have assented to
its insertion in the present Protocol which shall remain annexed to
the Protocol of the 2nd February, 1892.
An official notification to this effect was made to the United States
Minister.
The Ratification of the President of the United States having been
found in good and due form, notification of its deposit was made
to his Excellency Mr. Edwin H. Terrell. It will be retained in the
archives of the Belgian Foreign Office.
On proceeding to the signature of the present Protocol the Minister
for Foreign Affairs of His Majesty the King of the Belgians announced
that the Representative of Russia, in his note expressing the assent
of his Government, expressed the opinion that it was desirable that,
in the Protocol, a French translation should accompany the English
text of the Resolution of the Senate of the United States of America,
and that, in any case, the absence of such translation should not
form a precedent.
A certified copy of the present Protocol will be sent by the Belgian
Government to the Signatory Powers of the General Act.
Done at Brussels the 2nd February, 1892.
The Minister for Foreign Affairs,
(Signed) PRINCE DE CHIMAY.
The Envoy Extraordinary and Minister Plenipotentiary of the
United States of America,
(Signed) EDWIN H. TERRELL.
* * * * *
DISPATCH FROM HIS MAJESTY’S MINISTER AT BRUSSELS RESPECTING THE
COMMISSION FOR THE PROTECTION OF THE NATIVES, INSTITUTED BY THE
GOVERNMENT OF THE INDEPENDENT CONGO STATE UNDER THE DECREE OF
SEPTEMBER 18, 1896
Sir C. Phipps to the Marquess of Lansdowne.—(Received May 19.)
(Extract.)
BRUSSELS, May 18, 1903.
M. DE CUVELIER handed to me this morning the documents herewith
inclosed on the subject of the working of the Commission for the
Protection of the Natives, instituted by the Congo State Government
under the Decree of the 18th September, 1896, which had been
collected and prepared for me in consequence of my request made to
that effect the day before yesterday.
Your Lordship will observe that the Congo Government places at my
disposal, without concealment, the whole correspondence which has
passed in regard to the Commission under discussion, including
dispatches not intended for publication. It undoubtedly leads to the
conclusion that, if the operation of the Commission has not been
so effective as might have been anticipated, the fault has rather
been due to the great extent of territory which it had the duty to
watch, and to the considerable distances by which its members were
separated, and not to any deficiency of conception or absence of
energy on the part of the Central Government.
* * * * *
SETTLEMENTS FOR NATIVE CHILDREN
LEOPOLD II., King of the Belgians, Sovereign of the Independent State
of the Congo,
To all present and to come, greeting:
_Whereas_ it is expedient to make provision for the protection of
those children who have been victims of the Slave Trade; and
_Whereas_ it is the general duty of the State to assume the
guardianship of abandoned children, or of those whose parents do not
fulfil their duties;
Now, therefore, on the proposal of our Administrator-General of the
Foreign Department, we have decreed and do hereby decree:—
ARTICLE 1. The State shall assume the guardianship of children
liberated in consequence of the arrest and dispersal of a convoy of
slaves; of fugitive slaves who demand such protection, of children
forsaken, abandoned, or orphans, and of those whose parents do not
fulfil their duty with regard to maintaining and educating them.
They shall be provided with the means of livelihood and a practical
education, and established in life.
ART. 2. With this object agricultural and professional settlements
shall be established, which shall admit not only such children as
come under the definitions of Article 1, but, as far as may be, those
children who shall ask to be admitted.
ART. 3. From the day of their admission the children shall be placed
exclusively under the guardianship of the State, to which they shall
remain subject, and shall be liable to work, at the discretion of the
Governor-General, up to the expiration of their twenty-fifth year in
return for maintenance, food, lodging, and free medical attendance.
ART. 4. Rules of administration prescribed by our Governor-General
shall decide the mode and conditions of admission to the settlements,
the composition of the directing staff, the programme of manual and
intellectual work, the details of supervision, disciplinary penalties
and their application, and the public services to which the children
shall be attached.
ART. 5. The administration of the guardianship of the children
admitted to the settlements shall, as far as their personal rights
and property are concerned, be regulated by the Civil Code.
ART. 6. Our Administrators-General of the Foreign and Home
Departments are charged, each in so far as it concerns him, with the
execution of this Decree.
Done at Brussels this 12th day of July, 1890.
(Signed) LEOPOLD.
By the King-Sovereign:
The Administrator-General of the Foreign
Department,
(Signed) EDM. VAN EETVELDE.
* * * * *
INSTITUTION OF A COMMISSION FOR THE PROTECTION OF NATIVES
Leopold II., King of the Belgians, Sovereign of the Independent State
of the Congo, to all present and to come, greeting:
On the motion of our Secretary of State,
We have decreed and do hereby decree:
A permanent Commission is instituted to watch over the protection of
the natives throughout the territories of the State.
The members of this Commission are nominated by the King-Sovereign
for a period of two years from among the representatives of
philanthropic and religious Associations.
Are named in the first instance:
Mgr. van Ronslé, Bishop of Thymbrium, Vicar Apostolic of the Congo
Independent State, President;
Father van Hencxthoven, J., Superior of the Jesuit Mission at
Leopoldville;
Father de Cleene, of the Congregation of Scheut;
William Holman Bentley, of the Baptist Missionary Society Corporation;
Dr. A. Sims, of the American Baptist Missionary Union;
George Grenfell, of the Baptist Missionary Society Corporation,
Secretary.
The members of the Commission are to inform the Judicial authorities
of any acts of violence of which the natives may be the victims.
Each of the members, individually, may exercise this right of
protection, and communicate directly with the Governor-General.
The Commission shall further indicate to the Government the measures
to be taken to prevent slave-trading, to render more effective the
prohibition or restriction of the trade in spirituous liquors, and
gradually to bring about the abolition of barbarous customs, such as
cannibalism, human sacrifices, ordeal by poison, etc.
Our Secretary of State is charged with the execution of the present
Decree.
Done at Brussels, the 18th September, 1896.
(Signed) LEOPOLD.
By the King-Sovereign:
The Secretary of State,
(Signed) EDM. VAN EETVELDE.
* * * * *
LETTER OF INSTRUCTION FROM THE SECRETARY OF STATE TO THE
GOVERNOR-GENERAL AT BOMA _IN RE_ PROTECTION OF NATIVES
BRUSSELS, October 1, 1896.
SIR,
I have the honour to transmit to you herewith a certified copy of a
Decree, dated the 18th September, appointing a Commission for the
protection of natives.
It has seemed advisable that selected and impartial men, without
official or administrative connection, should be placed in a position
to form a perfectly independent opinion in regard to any acts of
violence of which the natives may have to complain. Such is the
object of the new Commission which has been appointed to watch over
the protection of natives throughout the country.
Its members are nominated by the King-Sovereign, for a period of two
years, from among the representatives of philanthropic and religious
Associations.
By this expression the Decree pointed specially to the missionaries,
who were, indeed, marked out for nomination in virtue of their office.
The first members nominated are: Mgr. van Ronslé, Fathers van
Hencxthoven and De Cleene, the Protestant missionaries William
Holman Bentley, Dr. A. Sims, and G. Grenfell. The last mentioned is
appointed Secretary; Mgr. van Ronslé is nominated President.
I have to request you to inform them individually of their selection
by the King-Sovereign; the Government are confident that they will
not be appealing in vain to the devotion of these gentlemen in
requesting the assistance of their services in a work of humanity
and protection. One of the authenticated copies of the Decree
hereto annexed is intended for each, and will serve as a letter of
appointment.
The Decree specifies the duty intrusted to them as being that of
notifying to the judicial authorities acts of violence of which the
natives may be the victims. This right of initiative belongs to each
member individually, that is to say, that he can act separately
without any co-operation on the part of the other members of the
Commission. Each member may of his own accord address direct
communications to the Governor-General with regard to any matters
which come within the scope of his mission.
It is the express desire of the Government that the authorities
should act upon the information thus given by the members of the
Commission, and open an inquiry and institute proceedings either
administrative or, in cases of infractions of the law, judicial, in
accordance with the general instructions given to the Department of
Criminal Justice (_le Parquet_).
It will hardly be necessary to call the attention of the members of
the Commission to the fact that, by reason of the great attention
which will be paid to any complaint which they may make, it will
behove them to act with circumspection, and to give the authority of
their support only to those facts of which they may have personal
knowledge, and which are based on trustworthy evidence.
The Decree lastly provides that the Commission may, through the
medium of its Secretary, indicate to the Government the measures
to be taken to prevent slave-trading, to render more effective the
prohibition or restriction of the trade in spirituous liquors, and
gradually to bring about the disappearance of inhuman practices.
The simplest mode of procedure will be for the Secretary of the
Commission—and I am sure that Mr. G. Grenfell will be willing to
accept the duty—to forward to the Governor-General a half-yearly
report on these questions, containing the observations and proposals
of the members of the Commission on the subject. This half-yearly
report would also deal with the working of the Commission, the acts
of violence definitely established by the members, the complaints
made, and the results achieved.
I have to request you to keep me informed of the manner in which
the new Decree is carried out, and to acquaint me with the definite
constitution of the Commission.
The terms of the Decree seem calculated to afford the natives a real
guarantee. In order to strengthen this still more, the Government
have decided that all offences against the persons of natives, and
all attempts against their liberties committed by Europeans, shall
be remitted exclusively to the Court of First Instance at Boma, that
is to say, before a Court sitting under the fullest conditions of
publicity and control. I therefore request that you will instruct
the Public Prosecutors (_Parquet_) to bring offences of the kind
before that Court, instead of sending them to the territorial Courts,
reserving of course the special jurisdiction which the law gives to
military Courts (_Conseils de Guerre_) in the case of soldiers.
Believe, etc.,
The Secretary of State,
(Signed) EDM. VAN EETVELDE.
* * * * *
BOLOBO, December 26, 1896.
REVEREND SIR,
I have the honour to transmit to you herewith a certified copy of
the Decree of the 18th December last appointing a Commission for the
protection of natives, and nominating you to fulfil the duties of
Secretary to the said Commission. This authenticated copy will serve
you as your letter of appointment to the important functions for
the performance of which the King-Sovereign has selected you. The
Government are confident that their appeal for your assistance in a
work of humanity and protection will not be in vain.
Owing to the powers devolving upon you as a member of the Commission,
you will be in a position to form a perfectly independent opinion
in regard to any acts of violence of which the natives may have
to complain, and it will be your duty to notify to the judicial
authorities any improper proceedings of which the natives in
question may be the victims. This right of initiative belongs to you
individually, that is to say, you may act separately, without any
co-operation on the part of the other members of the Commission.
On your information the authorities will open an inquiry, and
will institute proceedings, either administrative or, in cases of
infractions of the law, judicial.
In view of the action which will be taken on any complaint emanating
from you or from the Commission, it is scarcely necessary to remind
you that circumspection is called for, and that you should give the
authority of your support only to those facts of which you may have a
personal knowledge, and which are based on trustworthy evidence.
The Commission will also have the duty of drawing the attention of
the Government to the measures to be taken to prevent slave-trading,
to render more effective the prohibition or restriction of the trade
in spirituous liquors, and gradually to bring about the disappearance
of inhuman practices. The simplest mode of procedure in this matter
would be, in the opinion of the Government, that you, in your
capacity as Secretary—and the Government is convinced that you will
be willing to accept this duty—should send in a half-yearly report
on these questions, containing the observations and proposals of the
members of the Commission on the subject. This half-yearly report
might also deal with the working of the Commission, the acts of
violence definitely established by its members, the complaints made,
and the results achieved.
But in this matter, as in everything which relates to the working of
the Commission, the Government give it full discretion.
In forwarding to each of the members a copy of the new Decree, and in
announcing his nomination to each individually, I am informing them
of your appointment as Secretary. You will be good enough to place
yourself in communication with them in order, if possible, in spite
of distance, to arrange, at Leopoldville, for instance, a meeting of
all the members of the Commission, or of a certain number of them,
or definitely to constitute the Commission by correspondence, and
to settle such measures as should be taken for the execution of the
Decree.
Believe, etc.,
The Governor-General,
(Signed) WAHIS.
* * * * *
To
The Reverend George Grenfell,
Baptist Missionary Society, Bolobo.
CIRCULAR TO ALL THE DISTRICT COMMISSIONERS, HEADS OF ZONES AND OF
POSTS, WITH REGARD TO BARBAROUS CUSTOMS PREVAILING AMONG THE NATIVE
TRIBES.
BRUSSELS, February 27, 1897.
GENTLEMEN,
As you are aware, the Government have had constantly under their
consideration the barbarous practices, such as cannibalism, ordeal by
poison, and human sacrifices, which prevail among the native tribes,
and the best means of bringing about their disappearance.
In this matter, as in all questions in which allowance must to some
extent be made for long-established custom and social conditions
which it would be impolitic to attack too directly, the Government
have thought it advisable to act at first with prudence and
circumspection, without, however, remaining inactive.