For this reason the first instruction issued to officers did not,

in all cases, prescribe repression by force; they enjoined the

exercise of their influence and authority with a view to deterring

the natives by persuasion from indulging in these inhuman practices.

A further advance has been made: the moment the authority of the

State was sufficiently established in the neighbourhood of its

posts and stations, the toleration of such customs was formally

prohibited within a certain distance round the State stations or

European establishments, and the Penal Law made their repression in

these places possible by its provisions respecting acts of violence

against the person. Outside this limit it lay with the officers of

the Department of Criminal Justice (_Ministère Public_) to prosecute

or not, according as the situation of the district and the forces at

the disposal of the authorities permitted.

These measures have not been without result. Not only have cases

of cannibalism become less frequent in the centres occupied by the

officers of the State, but the native himself has learnt, and now

knows, the horror felt by Europeans for cannibalism, and is no longer

ignorant of the fact that by giving way to it he renders himself

liable to punishment. As a general rule, indeed, it is only in

secret, and out of sight of Europeans, that he still indulges in the

odious custom, for he has become convinced that, save in exceptional

cases in which the white man is powerless to do otherwise, he will

not let him go unpunished.

The Government considers that an even more decisive step should be

taken in the direction of repression. As the State’s occupation of

these districts becomes more and more complete, as its posts are

multiplied all along the Upper Congo, and as regular Courts are

gaining a footing in the interior, the moment seems to have come to

endeavour to reach the evil once for all, and to seek to extirpate it

everywhere where our authority is sufficiently established to enable

us to enforce absolute respect for the Penal Law.

It was with this view that the Decree of the 18th December, 1896,

was drawn up, by which more particularly cases of cannibalism and

ordeal by poison were made special offences. It is the Government’s

intention that these provisions shall be strictly enforced, and it

is the aim of the present Circular to direct all our officers to

bring to justice any offences of this kind which may come to their

knowledge. It will be the duty of the officers of the Department

of Criminal Justice (_Ministère Public_) to institute proceedings

against the delinquents, and in these special cases they will not

be at liberty to apply Article 84 of the Decree of the 27th April,

1889, and to hand them over to the jurisdiction of the local Chief

to be dealt with by native custom. It is, indeed, evident that such

a course is out of the question in dealing with a class of offences

which are contrary to the principles of our civilisation, and which

are the outcome of customs which we are seeking to abolish.

The Government count on general assistance, with a view to insuring

the prompt and certain repression of these offences, and they believe

that a few severe examples will have a powerful effect in inducing

the native to put an end to these reprehensible practices. The

District Commissioners and Heads of Stations are in this connection

expected to police the territories under their administration, and to

take the necessary measures to obtain exact information.

The Director of Justice will forward to the Government every quarter

a Report on the practice of cannibalism, on the cases prosecuted,

and, if necessary, on the new measures which should be taken in order

to check and extirpate this custom.

* * * * *

MISSIONARY GRENFELL ON ADMINISTRATION OF JUSTICE

BAPTIST MISSIONARY SOCIETY, BOLOBO, July 13, 1897.

SIR,

I have the honour to acknowledge the receipt of your letter dated the

17th May, together with the enclosure, relative to cannibalism, proof

by poison, and human sacrifices, dated Brussels, the 27th February,

1897.

I need hardly say, M. le Gouverneur, that I sympathise most sincerely

with the Government in its desire to eradicate the evils referred

to; and you may rely upon my best efforts in the long and arduous

struggle involved in combating them.

I am glad to recognise the gradual extension of the zone where

justice is administered by regularly constituted Judges, for there

is no doubt that where the administration of the State has been

sufficiently advanced to allow of this, the evils referred to are

very markedly on the decrease. It is not possible, of course, to

complete at a stroke the organisation of distant territory, or at

once to appoint Judges in new districts, but the fact that the

State is persistently pushing the regular administration of justice

towards the interior encourages one in confidently looking forward

to the reducing of the cases of cannibalism, proof by poison, and

human sacrifices in those parts of the Colony that as yet have not

benefited by the ameliorating influences that have done so much for

its western section.

I have, etc.,

(Signed) GEORGE GRENFELL.

M. le Gouverneur-Général,

Boma.

* * * * *

CO-ORDINATED TEXT OF VARIOUS INSTRUCTIONS RESPECTING RELATIONS

BETWEEN CONGO STATE OFFICIALS AND NATIVES

It will be the especial care of Heads of Expeditions and of

District Commissioners to see that their subordinates, of whatever

degree, act, in their dealings with the natives, with the tact

which is necessary to avoid such conflict as might arise from

misunderstandings or from proceedings which run too sharply counter

to native habits and customs.

They will recommend their officers to proceed slowly in reforming the

native, and will draw their serious attention to the danger of trying

to obtain too rapid results. Before using force, they will try to

enter into negotiations with the natives, and they must remember that

it is better to obtain redress for harm done to the State by pacific

means rather than by force of arms.

The Government are aware that energetic measures of repression are

sometimes necessary, but they consider that such measures should be

used only in exceptional cases, and after every means of conciliation

has been exhausted.

In many cases negotiations skilfully conducted and prolonged will

avoid direct hostilities.

It is, for instance, obviously advisable, with a view to avoid

bloodshed, to make use of such Chiefs as are at once devoted to the

State and in friendly relations with the tribes in conflict with the

authorities.

In this way the natives, and especially those who are not in

continuous relations with Europeans, will not misunderstand

the intentions and sentiments of the State towards them, a

misunderstanding which would certainly arise from a too hasty

recourse to extreme measures.

In any case, whenever resort to force has become inevitable, the

Government must receive exact and complete information in regard to

the motives which have led to its employment, and operations must, as

far as possible, be so carried out that only the guilty suffer.

No officer is to engage in hostilities with the natives, unless in

self-defence, or duly authorised by the Commissioner of his district

or the Head of his expedition.

Moreover, the regular and auxiliary troops engaged in warlike

operations must always be commanded by a European. No exception to

this rule will be admitted, and officers who transgress it will

render themselves liable to dismissal as well as to any judicial

proceedings it may be thought advisable to institute against them.

In case of hostilities, the property of natives is not to be

destroyed, and under no pretext may villages be burnt as a means of

repression. The European commissioned and non-commissioned officers

will take especial care that the operations shall be conducted in

such a manner as to avoid all cruelty. Wounded rebels are to receive

careful attention, and the bodies of the dead must be respected.

The barbarous mutilation of dead bodies, as often practised by the

natives among themselves, is to be absolutely forbidden by the

Europeans.

All Europeans at the head of troops engaged in warfare will be held

personally responsible for all such cruelties as they may tolerate;

all guilty persons will be brought before a military Court and dealt

with according to law.

Prisoners of war and hostages are to be treated humanely, and their

ill-usage is strictly forbidden.

Any women and children found among them shall be placed under the

immediate protection of the officer in command of the operations.

Officers of the State must remember that the disciplinary penalties

provided by the Military Regulations are only applicable to such as

are military recruits, and then only for offences against discipline

and in accordance with the special provisions of the said Regulations.

The said penalties can, under no pretence, be put into force against

non-military servants of the State or against the natives, whether

rebels or not.

Those among them who are accused of offences or crimes must be

remitted to the competent Tribunals and tried according to law.

Should officers of the State infringe the Rules laid down respecting

the relations which they are to have with the natives, or tolerate

mutilations and cruelties on the part of their soldiers, they will,

in case of a specified offence, be remitted to a Court of Justice.

They would, in any case, be subjected to disciplinary punishment.

Moreover, the guilty officers, if already decorated with the Service

Star, will lose their right to wear it.

It is equally indispensable that officers should act justly, and in

accordance with the instructions in force, in their dealings with

the servants of the State. They are forbidden to act illegally, _i.

e._, to inflict punishments other than those provided for breaches of

discipline or to disregard legal forms for the purpose of repressing

offences of which the servants of the State, and notably soldiers,

may be guilty. When sentences have been passed, they must be

undergone in accordance with the specified legal conditions.

Any officer departing from these Rules would be guilty of abuse of

authority, and render himself liable to dismissal.

District Commissioners and Heads of expeditions must exercise the

most vigilant control over such detachments of black soldiers as

they may be obliged to place among the natives. These detachments

must on no account be provided with improved firearms. Their task is

exclusively one of protection and supervision.

They are never to intervene in quarrels between natives. They must

confine themselves to informing the nearest station commanded by an

European.

It is the duty of the European officers to make frequent inspections

of such detachments, and to see that they do not in any way

transgress the limits imposed upon them by their orders. They are

to summon the neighbouring native Chiefs on the occasion of these

inspections, and will receive their complaints, should they have any

to make.

The Negro officers of the stations are strictly forbidden themselves

to take any measures of repression against the natives; the duty of

taking measures, when occasion arises, devolves upon the European

officers alone.

The arrangements to be made with the villages must be concluded by a

European.

Any Chief of a Negro station levying exactions on the natives, or

ill-treating them, or in any way abusing his authority over them,

must be prosecuted according to law, and immediately suspended from

his duties.

The Heads of expeditions and Commissioners of Districts are

personally responsible for the conduct of any Negro posts under their

orders. They would be guilty of a very serious offence if they gave

these detachments any duties other than those defined above, and if

they did not constantly supervise them and immediately repress all

abuses coming under their notice.

* * * * *

REPORT OF THE FIRST MEETING OF THE COMMISSION FOR THE PROTECTION

OF NATIVES, HELD AT LEOPOLDVILLE ON MAY 17, 1897. PRESENT, THE

REVEREND FATHER VAN HENCXTHOVEN, DR. SIMS, AND THE SECRETARY, MR.

GRENFELL

In the absence of Mgr. van Ronslé, the Rev. Father van Hencxthoven

was elected President for the sitting.

Seeing that the members of the Commission live far apart, and in view

of the difficulty of all the members meeting, it was decided that

three members should form a quorum.

The members of the Commission found that from the date of the

constitution of the Commission, so far as their personal experience

went, the laws of the State had been duly administered with a view

to the protection of life and property, as well as to the well-being

of the community. They found, further, that every case of injustice

brought to the notice of the authorities had been immediately

followed by measures of the most energetic description.

In the absence of Mr. Bentley, his Report was communicated to

the Secretary. He writes that the Judge of the district where he

resides, had, in each case notified to him, at once taken measures

to punish the guilty, some cases having been settled satisfactorily,

and the others being before the Court. The Judge informed Mr. Bentley

that he would always be ready, on receiving a week’s notice, to go to

Lutete, and try any case.

The members of the Commission, recalling the days of native rule,

take this opportunity of recording their sincere appreciation of, and

their gratitude for, the law and order introduced by the Independent

State into the districts where they reside.

The members of the Commission also record with the deepest

satisfaction their opinion that, as far as they know, the laws

forbidding the introduction of alcoholic liquor for natives to the

east of the River N’Kissi have been satisfactorily enforced. They

consider the restriction of the zone up to the west of the River

Kwilu as a really judicious and beneficent measure, and they trust

that the Government will be as successful within the new limit as

heretofore within the old.

The members of the Commission deeply regret that ordeal by poison

is still practised over so great an extent of the country, and that

its suppression is so difficult. In those districts which are more

completely administered, ordeal by poison is practised in secret,

owing to the penalties of the law, and the members hope that the same

measures of repression will be taken in the interior districts as

soon as the organisation of the Government allows of it.

The Commission desire to call the attention of the Government to the

fact that all its members are chosen from the Stanley Pool district

and below, and that no one has been chosen from the immense districts

which are supposed to furnish the reason for the existence of the

Commission for the protection of the natives.

The members of the Commission, also, seeing that it is only possible

for them to act within the very narrow scope of their personal

experience, venture to hope that the Inspector specially nominated

by His Majesty the King-Sovereign, will soon arrive, seeing that his

powers of observation would be infinitely greater than our own.

(Signed) GEORGE GRENFELL, _Secretary_.

LEOPOLDVILLE, May 17, 1897.

* * * * *

PROTECTION OF NATIVES—COMMISSION

Leopold II., King of the Belgians, Sovereign of the Independent State

of the Congo, to all present and to come, greeting:

On reconsideration of our Decree of the 18th September, 1896,

appointing a Commission for the protection of natives:

On the suggestion of our Secretary of State,

We have decreed and do hereby decree:

Article I. The following are appointed members of this Commission,

for the period of two years mentioned by the said Decree:

Mgr. van Ronslé, Bishop of Thymbrium, Vicar Apostolic of the Vicariat

of Belgian Congo, President.

The Reverend Father van Hencxthoven, J., of the Society of Jesus.

The Reverend Father Cambier, of the Congregation of Scheut.

Mr. William Holman Bentley, of the Baptist Missionary Society

Corporation.

Dr. A. Sims, of the American Baptist Missionary Union.

Mr. George Grenfell, of the Baptist Missionary Society Corporation,

Secretary.

Art. 2. The members of the Commission shall carry out their mandate

in accordance with the terms of the above-mentioned Decree of the

18th September, 1896.

Art. 3. Our Secretary of State is intrusted with the execution of the

present Decree.

Done at Brussels, March 23, 1901.

(Signed) LEOPOLD.

By the King-Sovereign:

In the name of the Secretary of State,

The Secretaries-General,

(Signed) CHEVALIER DE CUVELIER,

H. DROOGMANS,

LIEBRECHTS.

* * * * *

DISPATCH TO CERTAIN OF HIS MAJESTY’S REPRESENTATIVES ABROAD IN

REGARD TO ALLEGED CASES OF ILL-TREATMENT OF NATIVES AND TO THE

EXISTENCE OF TRADE MONOPOLIES IN THE INDEPENDENT STATE OF THE CONGO

_The Marquess of Lansdowne to His Majesty’s Representatives

at Paris, Berlin, Rome, St, Petersburg, Vienna, Madrid,

Constantinople, Brussels, Lisbon, the Hague, Copenhagen, and

Stockholm._

FOREIGN OFFICE, August 8, 1903.

SIR,

The attention of His Majesty’s Government has during recent years

been repeatedly called to alleged cases of ill-treatment of natives

and to the existence of trade monopolies in the Independent State

of the Congo. Representations to this effect are to be found in

memorials from philanthropic societies, in communications from

commercial bodies, in the public press, and in dispatches from His

Majesty’s Consuls.

The same matters formed the subject of a debate in the House of

Commons on the 20th ultimo, when the House passed the Resolution, a

copy of which is inclosed.

In the course of the debate, the official record of which is also

inclosed, it was alleged that the object of the Administration was

not so much the care and government of the natives as the collection

of revenue; that this object was pursued by means of a system of

forced labour, differing only in name from slavery; that the demands

upon each village were exacted with a strictness which constantly

degenerated into great cruelty; and that the men composing the armed

force of the State were in many cases recruited from the most warlike

and savage tribes, who not infrequently terrorised over their own

officers and maltreated the natives without regard to discipline or

fear of punishment.

As regards the ill-treatment of natives, a distinction may be drawn

between isolated acts of cruelty committed by individuals, whether

in the service of the State or not, and a system of administration

involving and accompanied by systematic cruelty or oppression.

The fact that many individual instances of cruelty have taken place

in the Congo State is proved beyond possibility of contradiction by

the occurrence of cases in which white officials have been convicted

of outrages on natives. These white officials must, however, in view

of the vast extent of the territory under their administration, in

most cases be of necessity isolated the one from the other, with

the result that detection becomes additionally difficult. It is

therefore not unfair to assume that the number of convictions falls

considerably short of the number of actual offences committed.

It is, however, with regard to the system of administration that the

most serious allegations are brought against the Independent State.

It is reported that no efforts are made to fit the native by training

for industrial pursuits; that the method of obtaining men for labour

or for military service is often but little different from that

formerly employed to obtain slaves; and that force is now as much

required to take the native to the place of service as it used to

be to convey the captured slave. It is also reported that constant

compulsion has to be exercised in order to exact the collection

of the amount of forest produce allotted to each village as the

equivalent of the number of days’ labour due from the inhabitants,

and that this compulsion is often exercised by irresponsible native

soldiers uncontrolled by any European officer.

His Majesty’s Government do not know precisely to what extent these

accusations may be true; but they have been so repeatedly made, and

have received such wide credence, that it is no longer possible to

ignore them, and the question has now arisen whether the Congo State

can be considered to have fulfilled the special pledges, given under

the Berlin Act, to watch over the preservation of the native tribes,

and to care for their moral and material advancement.

The graver charges against the State relate almost exclusively to the

upper valleys of the Congo and of its affluents. The lands forming

these vast territories are held either by the State itself or by

Companies closely connected with the State, under a system which,

whatever its object, has effectually kept out the independent trader,

as opposed to the owner or to the occupier of the soil, and has

consequently made it difficult to obtain independent testimony.

His Majesty’s Government have further laboured under the disadvantage

that British interests have not justified the maintenance of a large

Consular staff in the Congo territories. It is true that in 1901 His

Majesty’s Government decided to appoint a Consul of wide African

experience to reside permanently in the State, but his time has been

principally occupied in the investigation of complaints preferred by

British subjects, and he has as yet been unable to travel into the

interior and to acquire, by personal inspection, knowledge of the

condition of the enormous territory forming his district.

His reports on the cases of British subjects, which have formed

the basis of representations to the Government of the Independent

State, afford, however, examples of grave maladministration and

ill-treatment. These cases do not concern natives of the Congo

State, and are therefore in themselves alien to the subject of this

dispatch; but as they occurred in the immediate vicinity of Boma, the

seat of the central staff, and in regard to British subjects, most

of whom were under formal engagements, they undoubtedly lead to the

belief that the natives, who have no one in the position of a Consul

to whom they can appeal and have no formal engagements, receive even

less consideration at the hands of the officers of the Government.

Moreover, information which has reached His Majesty’s Government from

British officers in territory adjacent to that of the State tends to

show that, notwithstanding the obligations accepted under Article VI.

of the Berlin Act, no attempt at any administration of the natives

is made, and that the officers of the Government do not apparently

concern themselves with such work, but devote all their energy to the

collection of revenue. The natives are left entirely to themselves,

so far as any assistance in their government or in their affairs is

concerned. The Congo stations are shunned, the only natives seen

being soldiers, prisoners, and men who are brought in to work. The

neighbourhood of stations which are known to have been populous a few

years ago is now uninhabited, and emigration on a large scale takes

place to the territory of neighbouring States, the natives usually

averring that they are driven away from their homes by the tyranny

and exaction of the soldiers.

The sentiments which undoubtedly animated the founders of the Congo

State and the representatives of the Powers at Berlin were such as to

deserve the cordial sympathy of the British Government, who have been

loath to believe either that the beneficent intentions with which the

Congo State was constituted, and of which it gave so solemn a pledge

at Berlin, have in any way been abandoned, or that every effort has

not been made to realise them.

But the fact remains that there is a feeling of grave suspicion,

widely prevalent among the people of this country, in regard to

the condition of affairs in the Congo State, and there is a deep

conviction that the many charges brought against the State’s

administration must be founded on a basis of truth.

In these circumstances, His Majesty’s Government are of opinion

that it is incumbent upon the Powers parties to the Berlin Act to

confer together and to consider whether the obligations undertaken

by the Congo State in regard to the natives have been fulfilled;

and, if not, whether the Signatory Powers are not bound to make such

representations as may secure the due observance of the provisions

contained in the Act.

As indicated at the beginning of this dispatch, His Majesty’s

Government also wish to bring to the notice of the Powers the

question which has arisen in regard to rights of trade in the basin

of the Congo.

Article I. of the Berlin Act provides that the trade of all nations

shall enjoy complete freedom in the basin of the Congo; and Article

V. provides that no Power which exercises sovereign rights in the

basin shall be allowed to grant therein a monopoly or favour of any

kind in matters of trade.

In the opinion of His Majesty’s Government, the system of trade now

existing in the Independent State of the Congo is not in harmony with

these provisions.

With the exception of a relatively small area on the Lower Congo, and

with the further exception of the small plots actually occupied by

the huts and cultivation patches of the natives, the whole territory

is claimed as the private property either of the State or of holders

of land concessions. Within these regions the State or, as the case

may be, the concession-holder alone may trade in the natural produce

of the soil. The fruits gathered by the natives are accounted the

property of the State, or of the concession-holder, and may not be

acquired by others. In such circumstances, His Majesty’s Government

are unable to see that there exists the complete freedom of trade or

absence of monopoly in trade which is required by the Berlin Act. On

the contrary, no one other than the agents of the State or of the

concession-holder has the opportunity to enter into trade relations

with the natives; or, if he does succeed in reaching the natives, he

finds that the only material which the natives can give in exchange

for his trade goods or his money is claimed as having been the

property of the State or of the concession-holder from the moment it

was gathered by the native.

His Majesty’s Government in no way deny either that the State has

the right to partition the State lands among _bona-fide_ occupants,

or that the natives will, as the land is so divided out among

_bona-fide_ occupiers, lose their right of roaming over it and

collecting the natural fruits which it produces. But His Majesty’s

Government maintain that until unoccupied land is reduced into

individual occupation, and so long as the produce can only be

collected by the native, the native should be free to dispose of that

produce as he pleases.

In these circumstances, His Majesty’s Government consider that

the time has come when the Powers parties to the Berlin Act

should consider whether the system of trade now prevailing in the

Independent State is in harmony with the provisions of the Act; and,

in particular, whether the system of making grants of vast areas of

territory is permissible under the Act if the effect of such grants

is in practice to create a monopoly of trade by excluding all persons

other than the concession-holder from trading with the natives in

that area. Such a result is inevitable if the grants are made in

favour of persons or Companies who cannot themselves use the land

or collect its produce, but must depend for obtaining it upon the

natives, who are allowed to deal only with the grantees.

His Majesty’s Government will be glad to receive any suggestions

which the Governments of the Signatory Powers may be disposed to

make in reference to this important question, which might perhaps

constitute, wholly or in part, the subject of a reference to the

Tribunal at the Hague.

I request that you will read this dispatch to the Minister for

Foreign Affairs, and leave a copy of it with his Excellency.

I am, etc.,

(Signed) LANSDOWNE.

REPLY OF THE CONGO STATE GOVERNMENT TO THE BRITISH DISPATCH OF

AUGUST 8TH, TO THE POWERS SIGNATORY TO THE BERLIN ACT

BRUSSELS, September 17, 1903.

The Government of the Independent State of the Congo have examined

the dispatch from the Foreign Office, dated the 8th August last,

which was communicated to the Signatory Powers of the Berlin Act,

and declare themselves in agreement with His Majesty’s Government on

two fundamental points, viz., that natives ought to be treated with

humanity and gradually led into the paths of civilisation, and that

freedom of commerce in the Conventional Basin of the Congo ought to

be entire and complete.

They deny, however, that the manner in which the State is

administered involves a systematic _régime_ “of cruelty or

oppression,” and that the principle of commercial freedom would

introduce modifications in the rights of property as universally

understood, seeing that there is not a word to this effect in the

Berlin Act. The Congo State observes that there is in that Act

no provision which would sanction restrictions of any kind on

the exercise of the rights of property, or give to one Signatory

Power the right of intervention in the interior administration of

another. It desires faithfully to observe the Berlin Act, that great

International Act which binds all Signatory or Adhering Powers,

according to the clear grammatical sense of the text, which none has

power either to take from or add to.

The English note observes that it is within the last few years that a

definite shape has been assumed by the campaign conducted in England

against the Congo State, on the two-fold pretext of the ill-treatment

of natives and the existence of commercial monopolies.

It is indeed worthy of remark that this campaign dates from the time

when the prosperity of the State became assured. The State had been

founded for years, and administered in the same way as it is now; its

principles in regard to the State-ownership of vacant lands, and the

manner in which its armed forces were organised and recruited, were

known to the public, without any interest in the matter being shown

by the philanthropists and traders to whose opinion the note begins

by referring. This was the period during which the State Budget could

only be balanced by means of the King-Sovereign’s subsidies and

Belgian loans, and when the commerce of the Congo did not attract

attention. The term “Congo atrocities” was at that time only used

in connection with “the alleged ill-treatment of African natives by

English and other adventurers in the Congo Free State.”[85] After

1895 the trade of the Congo State developed remarkably, and the

amount of its exports shows a progressive increase from ten millions

in 1895 to fifty millions in 1902. It is also about this time that

the anti-Congo movement took shape. As the State gave increased proof

of vitality and progress, the campaign became more active, reliance

being placed on a few individual and isolated cases with a view to

using the interests of humanity as a pretext and concealing the real

object of a covetousness which, in its impatience, has betrayed

itself in the writings of pamphleteers and in the speeches of members

of the House of Commons, in which the abolition and partition of the

Congo State has been clearly put forward.

Such being the object in view, it became necessary to bring a whole

series of charges against the State. So far as the humanitarian side

of the question is concerned, the alleged cases of violence offered

to natives have once more been brought forward and re-edited _ad

infinitum_. For in all the meetings, writings, and speeches which

have latterly been directed against the State, it is always the same

facts which are brought up, and the same evidence which is produced.

With regard to the economic side of the question, the State has been

accused of having violated the Act of Berlin, notwithstanding the

legal opinions of such lawyers as are most qualified to speak to the

point, which afford ample legal justification both for its commercial

and for its land system. With regard to the political side, a heresy

in international law has been imagined, viz., that a State, the

independence and sovereignty of which are absolute, should, at the

same time, owe its position to the intervention of Foreign Powers.

With regard to the cases of ill-treatment of natives, we attach

special importance to those which, according to the note, have been

reported in the dispatches of His Majesty’s Consular Agents. At

the sitting of the House of Commons on the 11th March, 1903, Lord

Cranborne referred to these official documents, and we have requested

through his Excellency Sir C. Phipps that the British Government will

make known to us the facts alluded to. We repeat the request.

The Government of the State have, however, never denied that crimes

and offences are committed in the Congo, as in every other country

or colony. The note itself recognises that these offences have been

brought before the Tribunals, and that the criminals have been

punished. The conclusion to be drawn from this is that the State

fulfils its mission; the conclusion actually drawn is that “many

individual instances of cruelty have taken place in the Congo State,”

and that “the number of convictions falls considerably short of the

number of offences actually committed.” This deduction does not

appear necessarily to follow. It would seem more logical to say that

the severe sentences inflicted will serve as a wholesome example,

and that a decrease of crime may on that account be looked for.

If some offences have indeed, in the extensive territories of the

State, escaped the vigilance of the judicial authorities, this is a

circumstance which is not peculiar to the Congo State.

The English note proceeds chiefly on hypotheses and suppositions:

“It was alleged ... It is reported ... It is also reported ...” and

it even says that “His Majesty’s Government do not know precisely to

what extent these accusations may be true.” This is an acknowledgment

that, in the eyes of the British Government themselves, the

accusations in question are neither established nor proved. And,

indeed, the violence, the passion, and the improbability of many of

these accusations must raise doubt in an impartial mind as to their

genuineness. To give but one example:—a great deal has been made

of the statement that, in a train coming down from Leopoldville to

Matadi, three carriages were full of slaves, a dozen of whom were in

chains and guarded by soldiers. The Governor-General was asked for

a report on the case. He replied: “The individuals represented as

composing a convoy of slaves were, the great majority of them (125),

levies proceeding from the district of Lualaba-Kassai, Lake Leopold

II., and the Bangalas to the camp in the Lower Congo. Annexed you

will find lists of these persons. As regards the men in chains, they

were certain individuals on whom sentence had been passed by the

territorial Tribunal at Basoko, and who were on their way to undergo

their sentence at the central prison at Boma. They are Nos. 3642 to

3649 on the prison register at Boma.”

In the same way, quite a recent “interview,” in which the usual

accusations of cruelty were reproduced, is due to a person formerly

in the employ of the State, who was “declared unfit for service,” and

who has failed to persuade the State to accept his proposal to write

for the press articles favourable to the Administration.

The note ignores the replies, contradictions, and corrections which

the attacks on the agents of the State have occasioned at the

various times when they have taken place. It ignores the official

declarations publicly made by the Government of the State in June

last, after the debate in the House of Commons on the 20th May,

the report of which is annexed to the note. We also annex the

text of these declarations which dealt, by anticipation, with the

considerations set forth in the dispatch of the 8th August.

The only fresh cause of complaint which the note brings

forward—doubtless with the object of explaining the not unimportant

fact that the English Consul, who has resided in the Congo since

1901, does not appear to support, by his personal authority, the

accusations of private individuals—is that this agent has been

“principally occupied in the investigation of complaints preferred

by British subjects.” The impression which one would derive from

this is that such complaints have been exceptionally numerous. No

doubt the Consul has, on different occasions, communicated with the

Administration at Boma in the interests of his countrymen, but the

subjects of his representations, if one may judge by such of their

number as the English Legation has had to bring to the notice of the

Central Government at Brussels, do not appear, either in number or

importance, to have been more than matters of everyday administrative

routine: some cases in particular concerned the regulation of

the succession to property in the Congo left by deceased English

subjects; the object in others was to repair errors of judicial

procedure, such as occur elsewhere, and it is not even alleged that

the proper action has not been taken upon these representations. The

same Consul, who was appointed in 1898, wrote to the Governor-General

on the 2nd July, 1901, as follows:

“I pray believe me when I express now, not only for myself,

but for my fellow-countrymen in this part of Africa, our very

sincere appreciation of your efforts on behalf of the general

community—efforts to promote goodwill among all and to bring together

the various elements of our local life.”

Nor do the predecessors of Mr. R. Casement—for English Consuls with

jurisdiction in the Congo were appointed by His Majesty’s Government

as long ago as 1888—appear to have been absorbed in the examination

of innumerable complaints; at all events, that is not the view

taken in the Report (the only one published) by Consul Pickersgill,

who, by the mere fact of giving an account of his journey into the

interior of the Congo as far as Stanley Falls, disproves the alleged

impossibility for the English consular agents to form an opinion _de

visu_ in regard to every part of their district.

With regard to the charges against the administrative system of the

State, the note deals with taxes, public armed forces, and what is

termed forced labour.

It is, at bottom, the contributions made by the Congo natives to the

public charges which are criticised, as if there existed a single

country or colony in which the inhabitants do not, under one form

or another, bear a part in such charges. A State without resources

is inconceivable. On what legitimate grounds could the exemption

of natives from all taxes be based, seeing that they are the first

to benefit by the material and moral advantages introduced into

Africa? As they have no money, a contribution in the shape of labour

is required from them. It has been said that, if Africa is ever

to be redeemed from barbarism, it must be by getting the Negro to

understand the meaning of work by the obligation of paying taxes.

“It is a question [of native labour] which has engaged my most

careful attention in connection with West Africa and other Colonies.

To listen to the right honourable gentlemen, you would almost think

that it would be a good thing for the native to be idle. I think it

is a good thing for him to be industrious; and by every means in our

power we must teach him to work.... No people ever have lived in the

world’s history who would not work. In the interests of the natives

all over Africa, we have to teach them to work.”

Such was the language used by Mr. Chamberlain in the House of Commons

on the 6th August, 1901; and still more recently he expressed himself

as follows:

“We are all of us taxed, and taxed heavily. Is that a system of

forced labour?... To say that because we put a tax on the native

therefore he is reduced to a condition of servitude and of forced

labour is, to my mind, absolutely ridiculous.... It is perfectly fair

to my mind that the native should contribute something towards the

cost of administering the country.”—(House of Commons, 9th March,

1903.)

“If that really is the last word of civilisation, if we are to

proceed on the assumption that the nearer the native or any human

being comes to a pig the more desirable is his condition, of course

I have nothing to say.... I must continue to believe that, at all

events, the progress of the native in civilisation will not be

secured until he has been convinced of the necessity and the dignity

of labour. Therefore, I think that anything we reasonably can do to

induce the native to labour is a desirable thing.”

And he defended the principle of taxing the native on the ground that

“the existence of the tax is an inducement to him to work.”—(House of

Commons, 24th March, 1903.)

Moreover, it is to be observed that in nearly every part of Africa

the natives are taxed. In the Transvaal every native pays a “head

tax” of £2; in the Orange River Colony he is subject to a “poll tax”;

in Southern Rhodesia, Bechuanaland, Basutoland, Uganda, and Natal a

“hut-tax” is levied; in Cape Colony we find a “hut-tax” and a “labour

tax”; in German East Africa also a tax is levied on huts, payable

either in money, in kind, or in labour. This species of tax has also

been applied in the Sierra Leone Protectorate, where payment could be

made “in kind by rice or palm nuts,” and it has been suggested that

work on roads and useful works should be accepted in lieu of payment

in money or produce.

The legality of a tax is, therefore, not affected by the mode of its

payment, whether in money or in kind, so long as the amount is not

excessive. It is certainly not so in the Congo, where the work done

by the native does not represent more than forty hours’ work a month.

Such work, moreover, is paid for, and the tax in kind thus gives the

native as it were some return for his labour.

Payment of taxes is obligatory everywhere; and non-payment involves

measures of compulsion. The regulations under which the hut-tax

is levied impose on the native, for non-payment, such penalties

as imprisonment and forced labour. Nor in the Congo is payment of

taxes optional. Repressive measures have occasionally been rendered

necessary elsewhere by the refusal of natives to conform to the law,

_e. g._, the disturbances at Sierra Leone, in connection with which

an English publicist, speaking of the police force, states:

“Between July, 1894, and February, 1896, no fewer than sixty-two

convictions, admittedly representing a small proportion of offences

actually committed, were recorded against them for flogging,

plundering, and generally maltreating the natives.”

Further instances might be recalled of the opposition encountered

among native populations to the institution of governmental

regulations. Civilisation necessarily comes into collision with

their savage instincts and barbarous customs and habits; and it

can be understood that they submit but impatiently to, and even

try to escape from, a state of society which seems to them to be

restrictive of their licence and excesses. It frequently happens in

Africa that an exodus of natives takes place from one territory to

another, in the hope of finding beyond the frontier a government

less well established or less strong, and of thus freeing themselves

from all obligations and restraints. Natives of the State may

quite well, under the influence of considerations of this kind,

have crossed into neighbouring territories, although no kind of

emigration on a large scale, such as is referred to in the English

note, has ever been reported by the commandants of the frontier

provinces. On the contrary, it is a fact that natives in the Upper

Nile region who had settled in British territory have returned to

the left bank in consequence of the imposition of new taxes by the

English authorities. Besides, if it is these territories which are

alluded to, the information contained in the note would seem to be in

contradiction with other particulars furnished, for instance, by Sir

Harry Johnston.

“This much I can speak of with certainty and emphasis, that from the

British frontier near Fort George to the limit of my journeys into

the Mbuba country of the Congo Free State, up and down the Semliki,

the natives appear to be prosperous and happy.... The extent to which

they were building their villages and cultivating their plantations

within the precincts of Fort Mbeni showed that they had no fear of

the Belgians.”

Major H. H. Gibbons, who was for several months on the Upper Nile,

writes:

“Having had occasion to know many officers, and to visit their

stations in the Congo State, I am convinced that their behaviour has

been much misunderstood by the press. I have quoted as a proof my

experience, which is at variance with an article recently published

in the English press, in which they are accused of great cruelties.”

The declaration of last June, of which a copy is enclosed, has

disposed of the criticisms directed against the public forces of the

State, by pointing out that recruitment for them is regulated by

law, and that it is only one man in every 10,000 who is affected. To

say that “the method of obtaining men for military service is often

but little different from that formerly employed to obtain slaves”

is to misunderstand the carefully drawn regulations which have, on

the contrary, been issued to check abuses. Levies take place in each

district; the District Commissioners settle the mode of conscription

in agreement with the native chiefs. Voluntary enlistment, and

numerous re-enlistments, easily fill up the ranks, which only reach,

all told, the moderate total of 15,000 men.

Those who allege, as the note says, that “the men composing the

armed force of the State were in many cases recruited from the most

warlike and savage tribes” must be unaware that the public forces

are recruited from every province, and from the whole population. It

is inconceivable that the authorities of a State, with due regard to

its interests, should form an army out of undisciplined and savage

elements, and instances are to be found—such as the excesses said

to have been perpetrated by irregular levies in Uganda, and the

revolts which formerly occurred in the Congo—which, on the contrary,

render it necessary that special care should be exercised in raising

armed forces. The European establishment, consisting of Belgian,

Italian, Swedish, Norwegian, and Danish officers, maintains strict

discipline, and it would be vain to seek the actual facts alluded to

in the assertion that the soldiers “not infrequently terrorised over

their own officers.” Such an assertion is as unfounded as the one

“that compulsion is often exercised by irresponsible native soldiers

uncontrolled by any European officer.” For a long time past the

authorities have been alive to the danger arising from the existence

of stations of Negro soldiers, who inevitably abuse their authority,

as recognised in the Report of Sir D. Chalmers on the insurrection

in Sierra Leone. In the Congo such stations have been gradually

abolished.

Those who do not refuse to accept patent facts will recognise that,

of the reproaches levelled at the State, the most unjust is the

statement “that no attempt at any administration for the natives

is made, and that the officers of the Government do not apparently

concern themselves with such work.”

It is astonishing to come across such an assertion in a dispatch from

a government, one of whose members, Lord Cranborne, Under-Secretary

of State for Foreign Affairs, stated on the 20th May last:

“There was no doubt that the administration of the Congo Government

had been marked by a very high degree of a certain kind of

administrative development. There were railways, there were steamers

upon the river, hospitals had been established, and all the machinery

of elaborate judicial and police systems had been set up.”

Another member of the House of Commons acknowledged:

“That the Congo State had done good work in excluding alcoholic

liquor from the greater part of their domain; that they had

established a certain number of hospitals, had diminished smallpox by

means of vaccination, and had suppressed the Arab Slave Trade.”

However limited these admissions, still they contradict the assertion

now made that “the natives are left entirely to themselves, so far as

any assistance in their government or in their affairs is concerned.”

Such does not seem to have been the conclusion at which Mr.

Pickersgill, the English Consul, had arrived as long ago as 1898.

“Has the welfare of the African,” he asks, “been duly cared for in

the Congo State?” He answers: “The State has restricted the liquor

trade.... It is scarcely possible to overestimate the service

which is being rendered by the Congo Government to its subjects

in this matter.... Intertribal wars have been suppressed over a

wide area, and the imposition of European authority being steadily

pursued, the boundaries of peace are constantly extending.... The

State must be congratulated upon the security it has created for all

who live within the shelter of its flag and abide by its laws and

regulations.... Credit is also due to the Congo Government in respect

of the diminution of cannibalism.... The yoke of the notorious Arab

slave-traders has been broken, and traffic in human beings amongst

the natives themselves has been diminished to a considerable degree.”

This Report also showed that the labour of the native was

remunerated, and gave due credit to the State for its efforts to

instruct the young natives, and to open schools.

Since 1898 the general condition of the native has been still further

improved. The system of carriers (_le portage à dos d’homme_),

the hardships of which, so far as the native was concerned, were

specially pointed out by Mr. Pickersgill, has disappeared from those

parts of the country where it was most practised, in consequence of

the opening of railways. Elsewhere motor cars are used as means of

transport. The “sentry,” the station of Negro soldiers which the

Consul criticised, not without reason, no longer exists. Cattle have

been introduced into every district. Sanitary commissions have been

instituted. Schools and workshops have multiplied.

“The native,” says the enclosed document,[86] “is better housed,

better clad, and better fed; he is replacing his huts by better

built and healthier dwelling-places; thanks to existing transport

facilities, he is able to obtain the produce necessary to satisfy

his new wants; workshops have been opened for him, where he learns

handicrafts, such as those of the blacksmith, carpenter, mechanic,

and mason; he extends his plantations and, taking example by the

white man, learns rational modes of agriculture; he is always able

to obtain medical assistance; he sends his children to the State

school-colonies and to the missionary schools.”

As stated in the House of Commons, it is only right to recognise that

the material and moral regeneration of Central Africa cannot be the

work of a day. The results so far obtained have been considerable,

and these we shall try to consolidate and develop, in spite of the

way in which an effort is being made to hamper the action of the

State, which in the real interests of civilisation should rather be

promoted.

The English note does not show that the economic system of the State

is in opposition to the Berlin Act. It does not meet the points

of law and fact by means of which the State has demonstrated the

conformity of its system of land tenure and concessions with the

provisions of that Act. It does not explain either how or why

freedom of trade—a term used at the Conference of Berlin in its

usual, grammatical, and economic sense—is incomplete in the Congo

State because there are landowners there.

The note confuses the utilisation of his property by the owner with

trade. The native who collects on behalf of the owner does not become

the owner of what is so collected, and naturally cannot dispose of

it to a third party, any more than a miner can rob the proprietor of

the produce of the mine and dispose of it himself. These rules are

in accordance with the principles of justice and are explained in

numerous documents, such as legal opinions and judicial decisions,

some of which are annexed. His Majesty’s Government do not deny that

the State is justified in allotting domain lands to _bona-fide_

occupants, or that the native has no longer any right to the

produce of the soil as soon as the “land is reduced into individual

occupation.” The distinction is without legal foundation. If the

State can part with land, it is because the native is not the owner;

by what title could he then retain a right to the produce of property

which has been lawfully acquired by others? Could it be contended,

for instance, that the Lower Congo Railway Company, or the South

Cameroons Company, or the Italian Colonial Trading Company are, on

the ground that they are not at present in occupation, bound to allow

the native to plunder the territories allotted to them? As a matter

of fact, moreover, in the Congo State the appropriation of lands

worked on Government account or by the Concessionary companies is an

accomplished fact. The State and the companies have devoted large

sums, amounting to many millions of francs, to the development of the

lands in question, and more especially to that of the forests. There

can, therefore, be no doubt that throughout the territories of the

Congo the State really and completely works its property, just as the

companies really and completely work their concessions.

The state of affairs then which actually exists, and is established

in the Independent State, is such that there is really no need, as

far as the State itself is concerned, to dwell longer on the theory

set forth in the note which deals in turn with the rights of the

State, with those of _bona-fide_ occupiers, and those of the natives.

Still this theory calls for the attention of the Powers in view of

the serious difficulties which would arise were it to be implicitly

accepted.

The note lays down the three following propositions:

“The State has the right to partition the State lands among

_bona-fide_ occupants.”

“The natives will, as the land is so divided out amongst _bona-fide_

occupiers, lose their right of roaming over it and collecting the

natural fruits which it produces.”

“Until unoccupied land is reduced into individual occupation, and so

long as the produce can only be collected by the native, the native

should be free to dispose of that produce as he pleases.”

There is no single one of these propositions but apparently excludes

the other two, and, as a matter of fact, such contradictions amount

to a denial of the right to grant concessions.

If _bona-fide_ occupiers ever existed they have become proprietors;

occupation, where it can be exercised is, under all legislative

codes, one of the methods by which property can be acquired, and

in the Congo State titles of ownership deriving from it have been

legally registered. If the land has never been legally occupied, it

is without an owner, or, rather the State is the owner; the State can

allot it to a third party, for whom such allotment is a complete and

absolute title. In either case it is hard to see how the fruits of

the soil can be reserved for any but the owner on the pretext that

the latter is not able to collect the produce of his property.

By a curious contradiction it is observed in the note that, as a

consequence of the allotment of lands by the State, the natives “lose

their right of collecting the natural fruits,” and, on the other

hand, that they retain the right of disposing of these fruits “until

unoccupied land is reduced into [_sic_] individual occupation.” It is

difficult to understand what is meant by a right which belongs to the

natives or not according to the action of a third party. Either they

lost their rights on the lands being allotted, and in that case they

have lost them entirely and completely, or else they have retained

them, and are entitled to retain them, although the “land is reduced

into [_sic_] individual occupation.”

Again, what are we to understand by the expressions “_bona-fide_”

occupiers and “individual occupation?” Who is to determine whether

the occupier has brought his lands into a state of individual

occupation, whether he is able to collect their produce, or whether

it is still for the native to do so? In any case, such a question is

essentially one to be settled by municipal law.

The note is, moreover, incomplete in another respect. It states that

where the land has not yet been worked by those who have a right to

it, the option of working should belong to the native. Rights would

thus be given to the natives to the prejudice of the Government or

of white concessionaires, but the note does not explain how nor by

whom the wrong thus caused would be repaired or made good. Though the

system thus advocated cannot be applied in the Congo State, as there

are no longer any unappropriated lands there, attention should be

called to the statement in the interest of white men established in

the Conventional Basin. If it is right to treat the Negro well, it is

none the less just not to despoil the white man, who, in the interest

of all, must remain the dominant race.

From an economic point of view, it would be very regrettable if,

in spite of the rights regularly acquired by white men, the

domain lands were, even temporarily, handed over to the natives.

Such a course would involve a return to their former condition

of abandonment, when the natives left them unproductive; for the

collection of rubber, the plantation of coffee, cocoa, tobacco, etc.,

date from the day when the State itself took the initiative: the

export trade was insignificant before the impetus it received from

Government enterprise. Such a course would furthermore certainly

involve the neglect of rational methods of work, of planting and

of replanting—measures which the State and the Concessionary

companies have assumed as an obligation with a view to securing the

preservation of the natural riches of the country.

Never in the Congo, so far as we know, have requests to buy natural

produce been addressed to the rightful owners. Up to now the only

attempts made have been to buy the produce which has been stolen, and

the State, as was its duty, has had those guilty of these unlawful

attempts prosecuted.

It is not true, as has been asserted, that the policy of the State

has killed trade; it has, on the contrary, created the materials

which trade deals in and keeps up the supply; it is thanks to the

State that, on the Antwerp market—and soon even in the Congo where

the possibility of establishing trade depots is being considered—5000

tons of rubber collected in the Congo can be annually put on sale

to all and sundry without privilege or monopoly, while formerly, in

1887, for instance, the rubber export amounted to hardly 30 tons. It

is the State which, after having created, at its own expense, the

material of trade, carefully preserves the source of it by means of

planting and replanting.

It must not be forgotten either that the Congo State has been obliged

to rely on its own resources. It was forced to utilise its domain

in the public interest. All the receipts of the domain go into the

Treasury, as also the dividends of the shares which the State holds

in exchange for concessions granted. It has only been by utilising

its domain lands, and pledging the greater part of their revenues,

that it has been able to raise loans, and encourage the construction

of railways by guarantees of interest, thus realising one of the

means most advocated by the Brussels Conference for promoting

civilisation in Central Africa. Nor has it hesitated to mortgage its

domain lands with this object.

The Berlin Act is not opposed to such a course, for it never

prescribed the rights of property as there is now an _ex post facto_

attempt to make out, an attempt tending, consciously or not, to the

ruin of the whole Conventional Basin of the Congo.

It will not escape the notice of the Powers that the English note,

by suggesting a reference to the Court at the Hague, tends to bring

into consideration as cases for arbitration questions of sovereignty

and internal administration as questions for arbitration which,

according to prevailing doctrines, are excluded from arbitral

decisions. As far as the present case is concerned, it must be

assumed that the suggestion of referring the matter to the Court at

the Hague has a general meaning, if it is true that, in the opinion

of the English Chambers of Commerce, “the principles and practice

introduced into the administration of the affairs of the French

Congo, the Congo Free State, and other areas in the Conventional

Basin of the Congo being [_sic_] in direct opposition to the Articles

of the Act of Berlin, 1885.” The Government of the Congo State have

never ceased advocating arbitration as a mode of settling questions

which are of an international nature, and can thus be suitably

treated, as, for instance, the divergencies of opinion which have

arisen in connection with the lease of the territories of the

Bahr-el-Ghazal.

The Government of the Congo State, after careful examination of the

English note, remain convinced that, in view of its vagueness, and

the complete lack of evidence, which is implicitly admitted, there

is no tribunal in the world, supposing there were one possessing

competent jurisdiction, which could, far from pronouncing a

condemnation, take any decision other than to refuse action on mere

supposition.

If the Congo State is attacked, England may admit that she, more than

any other nation, has been the object of attacks and accusations of

every kind, and the list would be long of the campaigns which have

at various times, and even quite recently, been directed against her

colonial administration. She has certainly not escaped criticism in

regard to her numerous and bloody wars against native populations,

nor the reproach of oppressing natives and invading their liberty.

Has she not been blamed in regard to the long insurrections in Sierra

Leone; to the disturbed state of Nigeria, where quite recently,

according to the English newspapers, military measures of repression

cost, on one single occasion, the lives of 700 natives, of most of

their Chiefs, and of the Sultan; and to the conflict in Somaliland,

which is being carried on at the cost of many lives, without,

however, exciting expressions of regret in the House of Commons,

except on the score of the heavy expense?

Seeing that these attacks have left England indifferent, it is some

what surprising to find her now attaching such importance to those

made on the Congo State.

There is, however, reason to think that the natives of the Congo

State prefer the Government of a small and pacific nation, whose aims

remain as peaceful as its creation, which was founded on treaties

concluded with the natives.

(Signed) CHR. DR CUVELIER.

ANNEXES[87]

I. _Bulletin Officiel de l’État Indépendant du Congo_, Juin, 1903.

II. Judgments delivered by the Tribunals of French Congo.

III. Opinions of Messrs, van Maldeghem and de Paepe, Van Berchem,

Barboux, and Nys.

FOOTNOTES:

[85] _Transactions of the Aborigines Protection Society_, 1890-1896,

p. 155.

[86] See Annex No. I.

OFFICIAL CORRESPONDENCE BETWEEN THE CONGO FREE STATE AND GREAT BRITAIN

THE CONGO REJOINER TO CHARGES CONTAINED IN THE REPORT OF CONSUL

CASEMENT

The Appendices on pages 591 to 611 are taken from the official

correspondence[88] sent by Sir Constantine Phipps, his Britannic

Majesty’s Minister at Brussels, to the Marquess of Lansdowne, His

Britannic Majesty’s Foreign Secretary, enclosing the reply of the

Government of the Congo Free State to the Report of Mr. Roger

Casement, British Consul at Boma. Having regard to the voluminous

nature of Consul Casement’s report, and the fact that the Congo

State’s Note (reply) cites its principal charges against that

Government, it is not printed herewith, to expand a volume already

extended beyond practical dimensions.

* * * * *

NO. 1

_Sir C. Phipps to the Marquess of Lansdowne.—(Received March 14)_

BRUSSELS, March 13, 1904.

MY LORD,

I have the honour to enclose the rejoinder on the part of the Congo

Government to the Report of His Majesty’s Consul at Boma on the

condition of the Congo.

In handing these “Notes” to me this afternoon M. de Cuvelier was

instructed to call my attention to the passage where his Government

expresses a desire to be placed in possession of the full Report,

including names, dates, and places referred to. The “Notes” will be

communicated to-morrow to the Representatives of the other Powers.

I have, etc.,

(Signed) CONSTANTINE PHIPPS.

* * * * *

ENCLOSURE IN NO. 1

NOTES BY THE GOVERNMENT OF THE CONGO FREE STATE ON THE REPORT

OF MR. CASEMENT, CONSUL OF HIS BRITANNIC MAJESTY, OF THE 11TH

DECEMBER, 1903.

(_Translation_)

During the sitting of the House of Commons of the 11th March, 1903,

Lord Cranborne observed:

“We have no reason to think that slavery is recognised by the

authorities of the Congo Free State, but reports of acts of cruelty

and oppression have reached us. Such reports have been received from

our Consular Officers.”

The Government of the Congo State addressed a letter on the 14th

March, 1903, to Sir C. Phipps, requesting him to be good enough to

communicate the facts which had formed the subject of any reports

from British Consuls.

No reply was received to this application.

Lord Lansdowne’s dispatch of the 8th August, 1903, contained the

following passage:

“Representations to this effect [alleged cases of ill-treatment of

natives and existence of trade monopolies] are to be found ... in

dispatches from His Majesty’s Consuls.”

The impression was thus created that at that date His Majesty’s

Government were in possession of conclusive evidence furnished by

their Consuls; but none the less it seemed clearly necessary that

Consul Casement should undertake a journey in the Upper Congo. It

would appear, therefore, as if the conclusions contained in the note

of the 8th August were at least premature; it equally follows that,

contrary to what was said in that note, the British Consul was at

liberty to undertake any journey in the interior that he thought

fit. In any case it is to be observed that, in spite of the repeated

applications of the Congo State, the White Paper [_Africa_, No. 1

(1904)] recently presented to Parliament does not contain any of

these former Consular Reports, which nevertheless would have been the

more interesting as dating from a time when the present campaign had

not yet been initiated.

The present Report draws attention to the fact that in certain places

visited by the Consul the population is decreasing. Mr. Casement

does not give the facts on which he bases his comparative figures

for 1887 and 1903. The question arises how, during the course of

his rapid and hasty visits, he was able to get his figures for

this latter year. On what facts, for instance, does he found his

assertion that the riverain population of Lake Mantumba _seems_ to

have diminished from 60 to 70 per cent. in the course of the last

ten years? He states that at a certain place designated as F—— the

population of all the villages together does not at present amount to

more than 500 souls; a few lines farther on these same villages are

spoken of as only containing 240 inhabitants altogether. These are

only details, but they show at once what a lack of precision there

is in certain of the deductions made by the Consul. It is, no doubt,

unfortunately only too true that the population has diminished; but

the diminution is due to other causes than to the exercise on the

native population of a too exacting or oppressive Administration. It

is owing chiefly to the sleeping-sickness, which is decimating the

population throughout Equatorial Africa. The Report itself observes

that “a prominent place must be assigned to this malady,”[89] and

that this malady is “probably one of the principal factors” in the

diminution of the population.[90] It is only necessary to read the

Rev. John Whitehead’s letter, quoted by the Consul (Annex II. to the

Report), to obtain an idea of the ravages of the malady, to which

this missionary attributes half of the deaths which take place in

the riverain parts of the district. In a recent interview Mgr. Van

Ronslé, Vicar Apostolic of the Belgian Congo, who speaks with the

authority of one who has had a large experience of African matters,

and has resided for long periods in many different localities in the

Congo, explained the development of this scourge and the inevitable

decay of the population it attacks, whatever the conditions of their

social existence; mentioning among other cases the terrible loss of

life caused by this disease in Uganda. If to this principal cause

of the depopulation of the Congo are added smallpox epidemics, the

inability of the tribes at the present moment to keep up their

numbers by the purchase of slaves, and the ease with which the

natives can migrate, it can be explained how the Consul and the

missionaries may have been struck with the diminution of the number

of inhabitants in certain centres without that diminution necessarily

being the result of a system of oppression. Annex I. contains the

declarations on the subject made by Mgr. Van Ronslé. His remarks as

to the effect of the suppression of slavery on the numbers of the

population are printed elsewhere:

“The people [slave] are for the most part originally prisoners of

war. Since the Decree of emancipation they have simply returned

to their own distant homes, knowing their owners have no power to

recapture them. This is one reason why some think the population

is decreasing, and another reason is the vast exodus up and down

river.”[91]

“So long as the Slave Trade flourished the Bobangi flourished, but

with its abolition they are tending to disappear, for their towns

were replenished by slaves.”[92]

The Consul mentions cases, the causes of which, however, are unknown

to him, of an exodus of natives of the Congo to the French bank. It

is not quite clear on what grounds he attaches blame to the State

on their account, to judge at least from the motives by which some

of them have been determined—for instance, the examples of such

emigration which are given and explained by the Rev. W. H. Bentley,

an English missionary. One relates to the station at Lukolela:

“The main difficulty has been the shifting of the population. It

appears that the population, when the station was founded in 1886,

was between 5,000 and 6,000 in the riverain colonies. About two years

later the Chief Mpuki did not agree with his neighbours or they with

him. When the tension became acute, Mpuki crossed over with his

people to the opposite [French] side of the river. This exodus took

away a large number of people. In 1890 or 1891 a chief from one of

the lower towns was compelled by the majority of his people to leave

the State side, and several went with him. About 1893 the rest of the

people at the lower towns either went across to the same place as

the deposed chief or took up their residence inland. Towards the end

of 1894 a soldier, who had been sent to cut firewood for the State

steamers on an island off the towns, left his work to make an evil

request in one of the towns. He shot the man who refused him. The

rascal of a soldier was properly dealt with by the State officer in

charge; but this outrage combined with other smaller difficulties to

produce a panic, and nearly all the people left for the French side,

or hid away inland. So the fine township has broken up.”[93]

The other refers to the station at Bolobo:

“It is rare indeed for Bolobo, with its 30,000 or 40,000 people,

divided into some dozen clans, to be at peace for any length of time

together. The loss of life from these petty wars, the number of

those killed for witchcraft, and of those who are buried alive with

the dead, involve, even within our narrow limits here at Bolobo,

an almost daily drain upon the vitality of the country, and an

incalculable amount of sorrow and suffering.... The Government was

not indifferent to these murderous ways.... In 1890, the District

Commissioner called the people together, and warned them against

the burying of slaves alive in the graves of free people, and the

reckless killing of slaves which then obtained. The natives did not

like the rising power of the State.... Our own settlement among them

was not unattended with difficulty.... There was a feeling against

white men generally, and especially so against the State. The people

became insolent and haughty.... Just at this time ... as a force of

soldiers steamed past the Moye towns, the steamers were fired upon.

The soldiers landed and burnt and looted the towns. The natives ran

away into the grass, and great numbers crossed to the French side of

the river. They awoke to the fact that Bula Matadi, the State, was

not the helpless thing they had so long thought. This happened early

in 1891.”[94]

It will be seen that these examples do not attribute the emigration

of the natives to any such causes as

“The methods employed to obtain labour from them by local officials

and the exactions levied on them.”[95]

The Report dwells at length on the existence of native taxes. It

shows how the natives are subject to forced labour of various

kinds, in one district having to furnish the Government posts with

“chikwangues,” or fresh provisions, in another being obliged to

assist in works of public utility, such as the construction of

a jetty at Balolo, or the upkeep of the telegraph line at F——;

elsewhere being obliged to collect the produce of the domain lands.

We maintain that such imposts on the natives are legitimate, in

agreement on this point with His Majesty’s Government, who, in the

Memorandum of the 11th February last, declare that the industry and

development of the British Colonies and Protectorates in Africa show

that His Majesty’s Government have always admitted the necessity of

making the natives contribute to the public charges and of inducing

them to work. We also agree with His Majesty’s Government that, if

abuses occur in this connection—and undoubtedly some have occurred in

all colonies—such abuses call for reform, and that it is the duty of

the authorities to put an end to them, and to reconcile as far as may

be the requirements of the Government with the real interests of the

natives.

But in this matter the Congo State intends to exercise freely its

rights of sovereignty—as, for instance, His Majesty’s Government

explain in their last Memorandum that they themselves did at Sierra

Leone—without regard to external pressure or foreign interference,

which would be an encroachment upon its essential rights.

The Consul, in his Report, obviously endeavours to create the

impression that taxes in the Congo are collected in a violent,

inhuman, and cruel manner, and we are anxious before all to rebut

the accusation, which has so often been brought against the State,

that such collection gives rise to odious acts of mutilation. On this

point a superficial perusal of the Report is calculated to impress by

its easy accumulation not of facts, simple, precise, and verified,

but of the declarations and affirmations of natives.

There is a preliminary remark to be made in regard to the conditions

in which the Consul made his journey.

Whether such was his intention or not, the British Consul appeared to

the inhabitants as the redresser of the wrongs, real or imaginary,

of the natives, and his presence at La Lulonga, coinciding with

the campaign which was being directed against the Congo State, in

a region where the influence of the Protestant missionaries has

long been exercised, necessarily had for the natives a significance

which did not escape them. The Consul made his investigations quite

independently of the Government officials, quite independently

of any action and of any co-operation on the part of the regular

authorities; he was assisted in his proceedings by English Protestant

missionaries; he made his inspection on a steamer belonging to a

Protestant Mission; he was entertained for the most part in the

Protestant Missions; and, in these circumstances, it was inevitable

that he should be considered by the native as the antagonist of the

established authorities.

Other proof is not required than the characteristic fact that while

the Consul was at Bonginda, the natives crowded down to the bank,

as some agents of the La Lulonga Company were going by in a canoe,

and cried out: “Your violence is over, it is passing away; only the

English remain; may you others die!” There is also this significant

admission on the part of a Protestant missionary, who, in alluding to

this incident, remarked:

“The Consul was here at the time, and the people were much excited

and evidently thought themselves on top.... The people have got

this idea [that the rubber work was finished] into their heads of

themselves, consequent, I suppose, upon the Consul’s visit.”

In these circumstances, in view of the state of mind which they show

to exist among the natives, in view of their impressionable character

and of their natural desire to escape taxation, it could not be

doubted that the conclusions at which the Consul would arrive would

not be other than those set forth in his Report.

To bring out this point, and to show how little value is to be

attached to his investigations, it will be sufficient to examine one

case, that on which Mr. Casement principally relies; we allude to the

Epondo case. It is that of the child II., mentioned on pp. 56, 58,

and 78 of the Report.

It is indispensable to enter somewhat at length into the details of

this case, which are significant.

On the 4th September, 1903, the Consul was at the Bonginda station

of the Congo Balolo Mission, having returned from a journey on the

Lopori, during the course of which he had not come across any of

those acts of mutilation which it is the custom to attribute to

officials in the Congo.

At Bonginda, the natives of a neighbouring village (Bossunguma)

came to him and informed him, amongst other things, that a “sentry”

of the La Lulonga Company, named Kalengo,[96] had, at Bossunguma,

cut off the hand of a native called Epondo, whose wounds were still

scarcely healed. The Consul proceeded to Bossunguma, accompanied by

the Rev. W. D. Armstrong and the Rev. D. J. Danielson, and had the

mutilated native brought before him, who, “in answer to the Consul’s

question, charged a sentry named ‘Kalengo’ (placed in the town by the

local agent of the La Lulonga Society to see that the people work

rubber)” with having done it. Such are the Consul’s own words: it was

necessary to establish a relation of cause and effect between the

collection of india-rubber and this alleged case of cruelty.

The Consul proceeded to question the chief and some of the natives of

the village. They replied by accusing Kalengo; most of them asserted

that they were _eye-witnesses_ of the deed. The Consul inquired

through his interpreters if there were other witnesses who saw the

crime committed and accused Kalengo of it. “Nearly all those present,

about forty persons, shouted out with one voice that it was ‘Kalengo’

who did it.”

In order to understand the violence with which the natives accused

Kalengo, and the unanimous manner in which the denials of the accused

were rejected by his accusers, it is necessary to read the whole of

the report of this inquiry, as drawn up by the Consul himself in

a kind of _procès-verbaux_, dated the 7th, 8th, and 9th September

(Annex II.). From all quarters accusers appeared, and the excited

crowd gave vent to all sorts of accusations: he had cut off Epondo’s

hand, chained up women, stolen ducks and a dog! The Consul did not

allow his suspicions to be aroused by the passionate character of

these accusations; without any further guarantee of their sincerity

or further examination into their truth, he looked upon his inquiry

as conclusive, and as he had taken upon himself the duties of the

Public Prosecutor in making preliminary inquiries into the matter,

so he anticipated the decision of the responsible authorities by

declaring to the assembled people that “Kalengo deserved severe

punishment for his illegal and cruel acts.” He proceeded to dramatise

the incident by carrying off the pretended victim, and exhibiting

him on the 10th September to the official in command of the station

at Coquilhatville, to whom he handed a copy of the record of his

inquiry, and on the 12th September he addressed a letter to the

Governor-General which he marked as “personal and private,” and in

which he makes the incident in question among others a text for an

attack on “the system of general exploitation of an entire population

which can only be rendered successful by the employment of arbitrary

and illegal force.” His inquiry terminated, he immediately started on

his return journey to the Lower Congo.

Even if the circumstances had been correctly reported, the

disproportion would still have been striking between them and the

conclusions which the Consul draws when emphasising his general

criticisms of the Congo State. But the facts themselves are

incorrectly represented.

As a matter of fact, no sooner did the Consul’s denunciation reach

the Public Prosecutor’s Department than M. Gennaro Bosco, Acting

Public Prosecutor, proceeded to the spot and held a judicial inquiry

under the usual conditions, free from all outside influences. This

inquiry showed that His Britannic Majesty’s Consul had been the

object of a plot contrived by the natives, who, in the hope of

no longer being obliged to work, had agreed among themselves to

represent Epondo as the victim of the inhuman conduct of one of the

capitas of a commercial company. In reality, Epondo had been the

victim of an accident while out hunting, and had been bitten in

the hand by a wild boar; gangrene had set in and caused the loss

of the member, and this fact had been cleverly turned to account

by the natives when before the Consul. We append (Annex No. III.)

extracts from the inquiry conducted by the Acting Public Prosecutor

into the Epondo case. The evidence is typical, uniform, and without

discrepancies. It leaves no doubt as to the cause of the accident,

makes it clear that the natives lied to the Consul, and reveals

the object which actuated them, namely, the hope that the Consul’s

intervention would relieve them from the necessity of paying taxes.

The inquiry shows how Epondo, at last brought to account, retracted

what he had in the first instance said to the Consul, and confessed

that he had been influenced by the people of his village. He was

questioned as follows:

_Q._ “Do you persist in accusing Kalengo of having cut off your left

hand?”

_A._ “No. I told a lie.”

_Q._ “State, then, how and when you lost your hand.”

_A._ “I was a slave of Monkekola’s at Malele, in the Bangala

district. One day I went out boar-hunting with him. He wounded one

with a spear, and thereupon the animal, enraged, turned on me. I

tried to run off with the others, but falling down, the boar was on

me in a moment and tore off my left hand and [wounded me] in the

stomach and left thigh.”

[The witness exhibits the scars he carries at the places mentioned,

and lying down of his own accord shows the position he was in when

the boar attacked and wounded him.]

_Q._ “How long ago did this accident happen?”

_A._ “I don’t remember. It was a long time ago.”

_Q._ “Why did you accuse Kalengo?”

_A._ “Because Momaketa, one of the Bossunguma Chiefs, told me to, and

afterwards all the inhabitants of my village did so too.”

* * * * *

_Q._ “Did the English photograph you?”

_A._ “Yes, at Bonginda and Lulonga. They told me to put the stump

well forward. There were Nenele, Mongongolo, Torongo, and other

whites whose names I don’t know. They were whites from Lulonga.

Mongongolo took away six photographs.”[97]

Epondo of his own accord repeated his declarations and retractions

to a Protestant missionary, Mr. Faris, who lives at Bolengi. This

gentleman has sent the Commissary-General at Coquilhatville the

following written declaration:

“I, E. E. Faris, missionary, residing at Bolengi, Upper Congo,

declare that I questioned the boy Epondo, of the village of

Bosongoma, who was at my house on the 10th September, 1903, with

Mr. Casement, the British Consul, and whom, in accordance with the

request made to me by Commandant Stevens, of Coquilhatville, I took

to the mission station at Bolengi on the 16th October, 1903; and that

the said boy has this day, the 17th October, 1903, told me that he

lost his hand through the bite of a wild boar.

“He told me at the same time that he informed Mr. Casement that his

hand was cut off either by a soldier or, perhaps, by one of those

working for the white men (_travailleurs de blanc_), who have been

making war in his village with a view to the collection of rubber,

but he asserts that the account which he has given me to-day is the

truth.

“(Signed) E. E. FARIS.

“BOLENGI, October 17, 1903.”

* * * * *

The inquiry resulted in the discharge of the prisoner, which, so far

as it concerned the Epondo question, was in the following terms:

“We, Acting Public Prosecutor of the Court of Coquilhatville:

“Having regard to the notes made by His Britannic Majesty’s Consul,

on the occasion of his visit to the villages of Ikandja and

Bossunguma in the territory of the Ngombe, from which it would appear

that a certain Kalengo, a forest guard in the service of the La

Lulonga Company,

“(_a_) Cut off the left hand of a certain Epondo;

“(_b_) ....;

“(_c_) ....;

“Having regard to the inquiry instituted by Lieutenant Braeckman,

which partly confirms the result of the inquiry instituted by His

Britannic Majesty’s Consul, but also partly contradicts it, and to

the charges already brought against Kalengo adds that of having

killed a native of the name of Baluwa;

“Having regard to the conclusions arrived at by the police employee

in question, which tend to raise grave doubts as to the truth of all

these charges;

“In view of the fact that all the natives who brought these charges

against Kalengo, whether before His Britannic Majesty’s Consul or

Lieutenant Braeckman, on being summoned by us, the Acting Public

Prosecutor, took to flight, and all efforts to find them have been

fruitless; that this flight obviously throws doubt on the truth of

their allegations;

“That all the witnesses whom we have questioned during the course of

our inquiry declare ... that Epondo lost his left hand from the bite

of a wild boar;

“That Epondo confirms these statements, and admits that he told a lie

at the instigation of the natives of Bossunguma and Ikondja who hoped

to escape collecting rubber through the intervention of His Britannic

Majesty’s Consul, whom they considered to be very powerful;

“That the witnesses, almost all inhabitants of the accusing villages,

admit that such was the object of their lie;

“That this version, apart from the unanimous declaration of the

witnesses and the injured parties, is also the most plausible, seeing

that every one knows that the natives dislike work in general and

having to collect rubber, and are, moreover, ready to lie and accuse

people falsely;

“That it is confirmed by the clearly stated opinion of the English

missionary Armstrong, who considers the natives to be “capable of any

plot to escape work, and especially the labour of collecting rubber”;

“That the innocence of Kalengo having been thoroughly established,

there is no reason for proceeding against him;

“On the above-mentioned grounds, we, the Acting Public Prosecutor,

declare that there are no grounds for proceeding against Kalengo,

a forest guard in the service of the La Lulonga Company, for the

offences mentioned in Articles 2, 5, 11, and 19 of the Penal Code.

“(Signed) BOSCO,

“_Acting Public Prosecutor_.

“MAMPOKO, October 9, 1903.”

* * * * *

We have dealt at length with the above case because it is considered

by the Consul himself as being one of the utmost importance, and

because he relies upon this single case for accepting as accurate all

the other declarations made to him by natives.

“In the one case I could alone personally investigate,” he says,[98]

“that of the boy II., I found this accusation proved on the spot

without seemingly a shadow of doubt existing as to the guilt of the

accused sentry.”

And further on:

“I had not time to do more than visit the one village of R——, and

in that village I had only time to investigate the charge brought by

II.”[99]

And elsewhere:

“It was obviously impossible that I should ... verify on the spot, as

in the case of the boy, the statements they made. In that one case

the truth of the charges preferred was amply demonstrated.”[100]

It is also to this case that he alludes in his letter of the 12th

September, 1903, to the Governor-General, where he says:

“When speaking to M. le Commandant Stevens at Coquilhatville on the

10th instant, when the _mutilated boy Epondo stood before us as an

evidence of the deplorable state of affairs_ I reprobated, I said, ‘I

do not accuse an individual, I accuse a system.’”

It is only natural to conclude that if the rest of the evidence in

the Consul’s Report is of the same value as that furnished to him in

this particular, it cannot possibly be regarded as conclusive. And

it is obvious that in those cases in which the Consul, as he himself

admits, did not attempt to verify the assertions of the natives,

these assertions are worth, if possible, still less.

It is doubtless true that the Consul deliberately incurred the

certain risk of being misled owing to the manner in which he

interrogated the natives, which he did, as a matter of fact, through

two interpreters—“through Vinda, speaking in Bobangi, and Bateko,

repeating his utterances ... in the local dialect[101]; so that the

Consul was at the mercy not only of the truthfulness of the native

who was being questioned, but depended also on the correctness of the

translations of two other natives, one of whom was a servant of his

own, and the other apparently the missionaries’ interpreter.[102] But

any one who has ever been in contact with the native knows how much

he is given to lying; the Rev. C. H. Harvey[103] states that:

“The natives of the Congo who surrounded us were contemptible,

perfidious, and cruel, impudent liars, dishonest, and vile.”

It is also important, if one wishes to get a correct idea of

the value of this evidence, to note that while Mr. Casement was

questioning the natives, he was accompanied by two local Protestant

English missionaries, whose presence must alone have necessarily

affected the evidence.[104]

We should ourselves be going too far if from all this we were to

conclude that the whole of the native statements reported by the

Consul ought to be rejected. But it is clearly shown that his proofs

are insufficient as a basis for a deliberate judgment, and that the

particulars in question require to be carefully and impartially

tested.

On examining the Consul’s voluminous Report for other cases which

he _has seen_, and which he sets down as cases of mutilation, it

will be observed that he mentions two as having occurred on Lake

Mantumba[105] “some years ago.”[106] He mentions several others, in

regard to the number of which the particulars given in the Report do

not seem to agree,[107] as having taken place in the neighbourhood of

Bonginda,[108] precisely in the country of the Epondo inquiry, where,

as has been seen, the general feeling was excited and prejudiced.

It is these cases which, he says, he had not time to inquire into

fully,[109] and which, according to the natives, were due to agents

of the La Lulonga Company. Were these instances of victims of the

practice of native customs which the natives would have been careful

not to admit? Were the injuries which the Consul saw due to some

conflict between neighbouring villages or tribes? Or were they

really due to the black subordinates of the Company? This cannot

be determined by a perusal of the Report, as the natives in this

instance, as in every other, were the sole source of the Consul’s

information, and he, for his part, confined himself to taking rapid

notes of their numerous statements for a few hours in the morning

of the 5th September, being pressed for time, in order to reach K——

(Bossunguma) at a reasonable hour.[110]

Notwithstanding the weight which he attached to the “air of

frankness” and the “air of conviction and sincerity”[111] on the part

of the natives, his own experience shows clearly the necessity for

caution, and renders rash his assertion “that it was clear that these

men were stating either what they had actually seen with their eyes

or firmly believed in their hearts.”[112]

Now, however, that the Consul has drawn attention to these few

cases—whether cases of cruelty or not, and they are all that, as a

matter of fact, he has inquired into personally, and even so without

being able to prove sufficiently their real cause—the authorities

will of course look into the matter and cause inquiries to be made.

It is to be regretted that, this being so, all mention of date,

place, and name has been systematically omitted in the copy of the

Report communicated to the Government of the Independent State of the

Congo. It is impossible not to see that these suppressions will place

great difficulties in the way of the magistrates who will have to

inquire into the facts, and the Government of the Congo trust that,

in the interests of truth, they may be placed in possession of the

complete text of the Consul’s Report.

It is not to be wondered at if the Government of the Congo State

take this opportunity of protesting against the proceedings of their

detractors who have thought fit to submit to the public reproductions

of photographs of mutilated natives, and have started the odious

story of hands being cut off with the knowledge and even at the

instigation of Belgians in Africa. The photograph of Epondo, for

instance, mutilated in the manner shown, and who has “twice been

photographed,” is probably one of those which the English pamphlets

are circulating as proof of the execrable administration of the

Belgians in Africa. One English review reproduced the photograph of a

“cannibal surrounded with the skulls of his victims,” and underneath

was written: “In the original photograph the cannibal was naked.

The artist has made him decent by ... covering his breast with

the star of the Congo State. It is now a suggestive emblem of the

Christian-veneered cannibalism on the Congo.”[113] At this rate it

would suffice to throw discredit on the Uganda Administration if the

plates were published illustrating the mutilations which, in a letter

dated Uganda, 16th December, 1902, Dr. Castellani says he saw in the

neighbourhood of Entebbe itself: “It is not difficult to find there

natives without noses or ears, etc.”[114]

The truth is, that in Uganda, as in the Congo, the natives still give

way to their savage instincts. This objection has been anticipated by

Mr. Casement, who remarks:

“It was not a native custom prior to the coming of the white man; it

was not the outcome of the primitive instincts of savages in their

fights between village and village; it was the deliberate act of the

soldiers of a European Administration, and these men themselves never

made any concealment that in committing these acts they were but

obeying the positive orders of their superiors.”[115]

That Mr. Casement should formulate so serious a charge without at

the same time supporting it by absolute proof would seem to justify

those who consider that his previous employment has not altogether

been such as to qualify him for the duties of a Consul. Mr. Casement

remained seventeen days on Lake Mantumba, a lake said to be 25 to 30

miles long and 12 to 15 broad, surrounded by a dense forest.[116]

He scarcely left its shores at all. In these circumstances it is

difficult to see how he could have made any useful researches into

the former habits and customs of the inhabitants. On the contrary,

from the fact that the tribes in question are still very savage,

and addicted to cannibalism,[117] it would seem that they have

not abandoned the practice of those cruelties which throughout

Africa were the usual accompaniments of barbarous habits and

anthropophagy. In one portion of the districts which the Consul

visited, the evidence of the English missionaries on this point is

most instructive. The Rev. McKittrick, in describing the sanguinary

contests between the natives, mentions the efforts to pacify the

country which he formerly made through the chiefs: “... We told

them that for the future we should not let any man carrying spears

or knives pass through our station. Our God was a God of peace, and

we, His children, could not bear to see our black brothers cutting

and stabbing each other.”[118] “While I was going up and down the

river,” says another missionary, “they pointed out to me the King’s

beaches, whence they used to despatch their fighting men to capture

canoes and men. It was heartrending to hear them describe the awful

massacres that used to take place at a great chief’s death. A deep

hole was dug in the ground, into which scores of slaves were thrown

after having their heads cut off; and upon that horrible pile

they laid the chief’s dead body to crown the indescribable human

carnage.”[119] And the missionaries speak of the facility with which

even nowadays the natives return to their old customs. It would seem,

too, the statement made in the Report,[120] that the natives now fly

on the approach of a steamer as they never used to do, is hardly in

accordance with the reports of travellers and explorers.

Be this as it may, it is to be observed that nowhere in the territory

which is the scene of the operations of the A. B. I. R. Company

did the Consul discover any evidence of acts of cruelty for which

the commercial agents might have been considered responsible. The

coincidence is remarkable, since it so happens that the A. B. I. R.

Company is a concessionary company, and that it is the system of

concessions to which are constantly attributed the most disastrous

consequences for the natives.

What it is important to discover from the immense number of questions

touched on by the Consul, and the multiplicity of minor facts which

he has collected, is whether the sort of picture he has drawn of

the wretched existence led by the natives corresponds to the actual

state of affairs. We will take, for instance, the district of the

Lulonga and the Lopori, as the head-stations of the missions of the

Congo Balolo Mission have been established there for years past.

These missions are established in the most distant places in the

interior, at Lulonga, Bonginda, Ikau, Bongandanga, and Baringa, all

of which are situated in the scene of operations of the La Lulonga

and A. B. I. R. Companies. They are in constant communication with

the native populations, and a special monthly review, called _Regions

Beyond_, regularly publishes their letters, notes, and reports. An

examination of a set of these publications reveals no trace, at any

time previous to April, 1903—by that date, it is true, Mr. Herbert

Samuel’s motion had been brought before Parliament—of anything either

to point out or to reveal that the general situation of the native

populations was such as ought to be denounced to the civilised world.

The missionaries congratulate themselves on the active sympathy

shown them by the various official and commercial agents,[121] on

the progress of their work of evangelisation,[122] on the facilities

afforded them by the construction of roads,[123] on the manner in

which the natives are becoming civilised, “owing to the mere presence

of white men in their midst, both missionaries and traders,”[124]

on the disappearance of slavery,[125] on the density of the

population,[126] on the growing number of their pupils, “especially

since the State has issued orders for all children within reach to

attend the mission schools,”[127] on the gradual disappearance of the

primitive customs of the natives,[128] and lastly, on the contrast

between the present and the past.[129] Will it be admitted that these

Christian English missionaries, who, during their journeys, visited

the various factories, and witnessed markets of rubber being held,

would, by keeping silence, make themselves the accomplices of an

inhuman or wrongful system of government? Among the conclusions of

one of the Annual Reports of the Congo Balolo Mission is to be found

the following: “On the whole, the retrospect is encouraging. If there

has been no great advance, there has been no heavy falling off, and

no definite opposition to the work.... There has been much famine

and sickness among the natives, especially at Bonginda.... Apart

from this, there has been no serious hindrance to progress....”[130]

And speaking incidentally of the beneficial effect produced by work

on the social condition of the natives, a missionary writes: “The

greatest obstacle to conversion is polygamy. Many evils have been

put down, _e. g._, idleness, thanks to the State having compelled

the men to work; and fighting, through their not having time enough

to fight.”[131] These opinions of missionaries appear to us to be

more precise than those expressed in a Report on every page of which

it may be said one finds such expressions as: “I was told,” “it was

said,” “I was informed,” “I was assured,” “they said,” “it was

alleged,” “I had no means of verifying,” “it was impossible for me

to verify,” “I have no means of ascertaining,” etc. Within a space

of ten lines, indeed, occur four times the expressions, “appears,”

“would seem,” “do not seem.”[132]

The Consul does not appear to have realised that native taxes in

the Congo are levied in the shape of labour, and that this form of

tax is justified as much by the moral effect which it produces, as

by the impossibility of taxing the native in any other way, seeing

that, as the Consul admits, the native has no money. It is to this

consideration that is due the fact, to give another example, that out

of 56,700 huts which are taxed in North-Eastern Rhodesia 19,653 pay

that tax “in labour,” while 4938 pay it “in produce.”[133] Whether

such labour is furnished direct to the State or to some private

undertaking, and whether it is given in aid of this or that work

as local necessities may dictate, one ground of justification is

always to be found in what the Memorandum of the 11th February last

recognises is the “necessity of the natives being induced to work.”

The Consul shows much anxiety as to how this forced labour should be

described; he is surprised that if it be a tax it is sometimes paid

and recovered by commercial agents. Strictly speaking, of course, it

cannot be denied that the idea of remunerating a person for paying

his taxes is contrary to the ordinary notions of finance; but the

difficulty disappears if it is considered that the object in view

has been to get the natives to acquire the habit of labour, for

which they have always shown a great aversion. And if this notion

of work can more easily be inculcated on the natives under the

form of commercial transactions between them and private persons,

is it necessary to condemn such a mode of procedure, especially in

those parts where the organisation of the Administration is not yet

complete? But it is essential that in the relations of this nature

which they have with the natives, commercial agents, no less than

those of the State, should be kind and humane. In so far as it bears

on this point the Consul’s Report will receive the most careful

consideration, and if the result of investigation be to show that

there are real abuses and that reforms are called for, the heads of

the Administration will act as the circumstances may require.

But no one has ever imagined that the fiscal system in the Congo

attained perfection at once, especially in regard to such matters as

the assessment of taxes and the means for recovering them. The system

of “chieftaincies,” which is recommended by the fact that it enables

the authorities and the native to communicate through the latter’s

natural chief, was based on an idea carried into practice elsewhere:

“The more important Chiefs who helped the Administration have been

paid a certain percentage of the taxes collected in their districts,

and I think that if this policy is adhered to each year, the results

will continue to be satisfactory and will encourage the Chiefs to

work in harmony with the Administration.”[134]

The Decree on the subject of these Chieftaincies[135] laid down

the principle of a tax, and its levy in accordance with “a table

of contributions to be made every year by each village in produce,

forced labour, labourers, or soldiers.” The application of this

Decree has been provided for by deeds of investiture, tables of

statistics, and particulars of contributions, forms of which will be

found in Annex IV. In spite of what is stated in the Report, this

Decree has been carried out so far as has been found compatible

with the social condition of the various tribes; numerous deeds of

investiture have been drawn up, and efforts have been made to draw

up an equitable assessment of the contributions. The Consul might

have found this out at the Commissioners’ offices, especially in the

Stanley Pool and Equator districts which he passed through; but he

neglected as a rule all official sources of information. No doubt

the application of the Decree was at first necessarily limited, and

it is possible that the result has been that for a certain time only

such villages as were within a short distance from stations have been

required to pay taxes; but this state of things has little by little

altered for the better in proportion as the more distant regions have

become included in the areas of influence of the Government posts,

the number of villages subject to taxation has gradually increased,

and it has been found possible to levy taxes on a greater number of

persons. The Government aim at making progress in this direction

continuous, that is to say, that taxation should be more equitably

distributed, and should as much as possible be personal; it was with

this object that the Decree of the 18th November, 1903, provided for

drawing up “lists of native contributions” in such a way that the

obligations of every native should be strictly defined.

“Article 28 of this Decree lays down that within the limits of

Article 2 of the present regulations (that is to say, within the

limit of forty hours’ work per month per native) the District

Commissioners shall draw up annual lists of the taxes to be paid, in

kind or duration of labour, by each of the natives resident in the

territories of their respective districts. And Article 55 punishes

‘whoever, being charged with the levy of taxes, shall have required

of the natives, whether in kind or labour, contributions which shall

exceed in value those prescribed in the tables of taxes.’”

It is matter of common notoriety that the collection of taxes is

occasionally met by opposition, and even refusal to pay. The proofs

of this, which are to be found in the Report of the Consul for the

Congo, are borne out by what has happened, for instance, in Rhodesia:

“The Ba-Unga (Awemba district), inhabitants of the swamps in the

Zambesi delta, gave some trouble on being summoned to pay taxes.”[136]

“Although in many cases whole villages retired into the swamps

on being called upon for the hut-tax, the general result was

satisfactory for the first year (Luapula district).”[137]

“Milala’s people have succeeded in evading taxes.”[138]

“A few natives bordering on the Portuguese territory, who, owing

to the great distance they reside from the native Commissioners’

Stations, are not under the direct supervision of the Native

Commissioners, have so far evaded paying hut-tax, and refused to

submit themselves to the authority of the Government. The rebel

Chief, Mapondera, has upon three occasions successfully eluded

punitive expeditions sent against him. Captain Gilson, of the British

South Africa Police, was successful in coming upon him and a large

following of natives, and inflicting heavy losses upon them. His

kraal and all his crops were destroyed. He is now reported to be in

Portuguese territory. Siji M’Kota, another powerful Chief, living in

the northern parts of the M’toko district, bordering on Portuguese

territory, has also been successful in evading the payment of

hut-tax, and generally pursuing the adoption of an attitude which

is not acceptable to the Government. I am pleased to report that a

patrol is at present on its way to these parts to deal with this

Chief, and to endeavour to obtain his submission. It will be noted

that the above remarks relate solely to those natives who reside

along the borders of our territories, and whose defiant attitude is

materially assisted by reason of this proximity to the Portuguese

border, across which they are well able to proceed whenever they

consider that any meeting or contact with the Native Commissioner

will interfere in any way with their indolent and lazy life. They

possess no movable property which might be attached with a view of

the recovery of hut-tax unpaid for many years, and travel backwards

and forwards with considerable freedom, always placing themselves

totally beyond the reach of the Native Commissioner.”[139]

The above is an instance of those “punitive expeditions” to which

the authorities are occasionally obliged to resort, as also of the

native custom, which is not peculiar to the natives of the Congo, of

moving into a neighbouring territory when they are seeking to evade

the operation of the law. Whether in the process of collecting native

taxes there have been cases in the Congo, amongst those mentioned by

the Consul, in which the limits of a just and reasonable severity

have been overstepped is a question of fact which investigation on

the spot can alone ascertain, and instructions to this effect will be

given to the authorities at Boma.

We are also unable to accept, on the information at present before

us, the conclusions of the Report in regard to the conduct of the

forest guards in the employ of the A. B. I. R. and La Lulonga

Companies. These subordinate officers are represented by the Consul

as being exclusively employed in “compelling by force the collection

of india-rubber or the supplies which each factory needed.”[140]

It is true that another explanation has been given—though not,

indeed, by a native—according to which the business of these same

forest guards is to see that the india-rubber is harvested after

a reasonable fashion, and especially to prevent the natives from

cutting the plants.[141] It is, indeed, well known that the law

has made rigorous provision for preserving the rubber zones, has

regulated the manner in which they are to be worked, and has made

planting and replanting obligatory, with a view to avoiding the

complete exhaustion of the rubber plant, which has occurred, for

instance, in North-Eastern and Western Rhodesia.[142] A heavy

responsibility in this direction lies on the companies and private

persons engaged in developing the country, and it is obvious that

they are bound to exercise the most careful superintendence over the

way in which the harvest is collected. The object for which these

forest guards are employed, therefore, may well be quite different

from that alleged by the Consul; in any case, the complaints which

have been made on this head will form a subject for inquiry in the

Congo, as also the other remark of the Report that the manner in

which these forest guards are armed is excessive, and liable to

abuse. It is here to be observed that in calculating the number of

these forest guards the Consul is obliged to rely on hypothesis,[143]

and that he himself admits “I have no means of ascertaining the

number of this class of armed men employed by the A. B. I. R.

Company.”[144] He mentions that the gun of one of these men was

marked on the butt “Depôt 2210.” But it is evident that such a mark

can only have the significance which the Consul would like to see

in it in so far as it can be proved that it refers to the numbering

of the arms used in the Concession, and such is not the case, since

this particular mark “Depôt” is not used either by the officials of

the State or those of the Company, and it would seem that it is an

old manufactory or store mark. In regard to the manner of arming

the capitas, the Consul can hardly be ignorant that the higher

authorities have always given great attention to the matter, which

is, indeed, one surrounded with difficulties, seeing that while

on the one hand it is necessary to consider the question of the

personal protection of the capita, on the other the possibility of

the arms in question being used for improper purposes must not be

lost sight of. It is not only in the Circular of the 20th October,

1900, which the Consul has reprinted, that this question is dealt

with; there is a whole collection of Circulars on the subject, among

which may be mentioned those of the 12th March, 1897, 31st May and

28th November, 1900, and 30th April, 1901. Copies of them are annexed

as proof of the fixed determination of the Government to see that

the law relating to this question is strictly enforced (Annex V.).

Yet, in spite of all these precautions, the Consul has ascertained

that several capitas were not provided with permits (perhaps they

might have been found at the head office), and that two of them were

furnished with arms of precision.[145] But these few infractions of

the rule are obviously not enough to prove the existence of a sort of

vast armed organisation destined to strike terror into the natives.

On the contrary, the Circular of the 7th September, 1903, printed in

Annex VII. of the Consul’s Report, is a proof of the care taken by

the Government that the regular black troops should always be under

the control of European officers.[146]

Such are the preliminary remarks suggested by Mr. Casement’s Report,

and we reserve to ourselves the right of dealing with it more in

detail as soon as the Government shall be in possession of the

results of the inquiry which the local authorities are about to make.

It will be observed that the Government, in its desire not to seem to

wish to avoid the discussion, has not raised a question in regard to

the manner, surely unusual, in which His Britannic Majesty’s Consul

has acted in a foreign country. It is obviously altogether outside

the duties of a Consul to take upon himself, as Mr. Casement has

done, to institute inquiries, to summon natives, to submit them to

interrogatories as if duly authorised thereto, and to deliver what

may be styled judgments in regard to the guilt of the accused. The

reservations called for by this mode of procedure must be all the

more formal, as the Consul was thus intervening in matters which only

concerned subjects of the Congo State, and which were within the

exclusive jurisdiction of the territorial authorities. Mr. Casement,

indeed, made it his business himself to point out how little

authorised he was to interfere when on the 4th September, 1903, he

wrote to the Governor-General: “I have no right of representation

to your Excellency save where the persons or interests of British

subjects dwelling in this country are affected.” It is thus obvious

that he was aware that he was exceeding his duties by investigating

facts which concerned only the internal administration, and so,

contrary to all laws of Consular jurisdiction, encroaching on the

province of the territorial authorities.

“The grievances of the natives have been made known in this country

by ——, who brought over a petition addressed to the King, praying

for relief from the excessive taxation and oppressive legislation of

which they complain.”

These lines are extracted from the Report for 1903 of the British and

Foreign Anti-Slavery Society, and the natives referred to are the

natives of the Fiji Isles. The Report goes on:

“The case has been brought before the House of Commons. The

grievances include forced labour on the roads, and restrictions

which practically amount to slavery; natives have been flogged

without trial by magistrate’s orders, and are constantly subject

to imprisonment for frivolous causes. Petitions lodged with the

local Colonial Secretary have been disregarded. Mr. Chamberlain,

in reply to the questions asked in Parliament, threw doubt upon

the information received, but stated that the recently appointed

Governor is conducting an inquiry into the whole situation in the

Fiji Islands, in the course of which the matter will be fully

investigated.”

Such are also our conclusions in regard to Mr. Casement’s Report.

CHR. DE CUVELIER.

BRUSSELS, March 12, 1904.

FOOTNOTES:

[87] Copies have been sent to the Library of each House of Parliament.

[88] See _Africa_, No. 7, 1904, presented to both Houses of

Parliament, June, 1904.

[89] Report, p. 21.

[90] _Idem_, p. 26.

[91] M. Boudot, missionary of the Congo Balolo Mission. _Regions

Beyond_, December, 1901, p. 337.

[92] W. H. Bentley, _Pioneering on the Congo_, ii., p. 229.

[93] _Idem_, p. 243.

[94] _Pioneering on the Congo_, by the Rev. W. Holman Bentley, ii.

pp. 235-236.

[95] Report, p. 29.

[96] K. K. in _Africa_, No. 1 (1904).

[97] See Annex No. III.

[98] _Report_, p. 58.

[99] _Report_, p. 58.

[100] _Idem_, p. 56.

[101] See Annex No. II. (enclosure No. 6 in III.).

[102] _Regions Beyond_, 1900, p. 198.

[103] _Idem._, January-February, 1903, p. 53.

[104] See Annex No. II. “Present: Rev. W. D. Armstrong and Rev. D.

J. Danielson of the Congo Balolo Mission of Bonginda, Vinda Bidilou

(Consul’s head man) and Bateko as interpreters, and His Britannic

Majesty’s Consul.” This passage is omitted in Annex No. 6 of the

Consul’s Report (p. 78).

[105] _Report_, p. 34.

[106] _Idem_, pp. 76 and 77.

[107] Cf. _Idem_, pp. 54 and 55 and p. 58.

[108] _Idem_, pp. 54, 55.

[109] _Idem_, p. 56.

[110] _Idem_, p. 56.

[111] _Idem_, p. 62.

[112] _Idem_, p. 57.

[113] _Review of Reviews_, February 14, 1903.

[114] The _Tribuna_ of Rome.

[115] _Report_, Annex No. IV., p. 77.

[116] _Idem_, p. 30.

[117] _Report_, Annex No. IV., p. 30.

[118] “Ten Years at Bonginda.” D. McKittrick, _Regions Beyond_, 1900,

p. 21.

[119] “Congo Contrasts.” M. Boudot, _Regions Beyond_, 1900, p. 197.

[120] _Report_, p. 34.

[121] _Regions Beyond_, 1900, p. 150; 1902, p. 209.

[122] _Idem, passim._

[123] _Idem_, 1900, p. 150.

[124] _Idem_, 1901, p. 27.

[125] _Idem_, 1900, p. 199.

[126] _Idem_, 1900, pp. 243, 297, 306.

[127] _Idem_, 1901, p. 40; 1902, p. 315.

[128] _Idem_, 1901, p. 40.

[129] _Idem_, 1900, p. 196.

[130] _Idem_, 1901, p. 43.

[131] _Idem_, 1901, p. 60.

[132] _Report_, p. 28.

[133] _Reports on the Administration of Rhodesia_, 1900-1902, p. 408.

[134] _Reports on the Administration of Rhodesia_, 1900-1902, p. 408.

[135] Decree of the 6th October, 1891 (_Bulletin Officiel_, 1891, p.

259).

[136] _Reports on the Administration of Rhodesia_, 1900-1902, p. 409.

[137] _Idem_, p. 410.

[138] _Idem_, p. 410.

[139] _Idem_, 1900-1902, pp. 145, 146.

[140] _Report_, p. 44.

[141] Annex III., p. 26.

[142] _Reports on the Administration of Rhodesia_, 1900-1902, pp.

397, etc.

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