II. Judgments delivered by the Tribunals of French Congo.

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

Barboux, and Nys.

_Translations of Extracts from Annex I._

Page 142.

In conformity with Articles II and XIII of the Berlin Act, it (the Congo

State) has assured to all flags, without distinction of nationality,

free access to all its interior waters and full and entire freedom of

navigation. The railway, which has been constructed to obviate the

innavigability of the lower river, is open to the traffic of all nations

in conformity with Article XVI.

In conformity with Article III, there is no differential treatment

either of ships or goods, and no tax is levied on foreigners which is

not equally borne by nationals.

In conformity with Article IV, no transit due has been imposed.

In conformity with Article VI, freedom of conscience and the free

exercise of worship are guaranteed to natives, to foreigners, and to the

missions of all creeds.

In conformity with Article VII, the State has adhered to the Convention

of the Universal Postal Union.

Availing itself of the power conferred by Article X, the Congo State has

declared itself perpetually neutral, and in no circumstance has failed

in the duties imposed by neutrality.

In conformity with Article XII, it has endeavoured, in case of any

international difference, to have recourse to mediation and arbitration,

and has never declined to accept such procedure.

In conformity with the Declaration of the 2nd July, 1890, the import and

export duties levied do not exceed the limits fixed by the Agreements of

the 8th April, 1892, and the 10th March, 1902, between the State, France

and Portugal.

Article I of the Act of Berlin lays down that “the trade of all nations

shall enjoy complete freedom in the Conventional basin of the Congo,”

and, by Article V, “no monopoly or favour of any kind in matters of

trade” shall be granted there. These provisions, like the rest, have

been respected by the Congo State in the letter and in the spirit.

Page 144.

Freedom of trade is complete in the Congo, and is restricted neither by

monopoly nor privilege. Every one is free to sell or buy every sort of

produce in which it is lawful to trade. The law protects this freedom by

forbidding any interference with the freedom of business transactions;

it punishes “any one who has employed violence or threats with a view to

compel the natives, whether on the roads in the interior, or in the

markets, to part with their goods to particular persons or at particular

prices;”[6] it punishes “those who, by violence, abuse, or threats,

shall have interfered with the freedom of trade, with a view either to

stop trade caravans on the public roads or to obstruct the freedom of

traffic whether by land or water.”[7]

It is asserted that the principle of the freedom of trade is infringed

by the appropriation by the State of vacant and ownerless lands within

its boundaries. When by the Decree of the 1st July, 1885, the State

declared that “no one has the right to occupy vacant lands without a

title; vacant lands are to be considered as belonging to the State,”[8]

it did so in reliance on a legal principle which is universally

admitted, its action in this matter was not, as has been said, the first

step in a deliberate policy of exclusiveness. That principle was

inscribed in the Codes of all civilized countries; it has been

sanctioned by all Colonial legislative systems.

Page 152.

If it were true that, by declaring all ownerless lands to be Government

property, the Congo State had expropriated the natives, all these

various legislative systems could be attacked on the same ground. It is

generally admitted that the native has no real title to the ownership of

the vast stretches of country which from time immemorial he has allowed

to lie fallow, or to the forests which he has never turned to profit.

But the law of the Congo State is careful to maintain the natives in the

enjoyment of the lands they occupy and, as a matter of fact, not only

are they not disturbed in this enjoyment, but they are actually

extending the lands they cultivate and their plantations as their needs

grow. The State has been at much pains to prevent the natives from being

robbed.

“No one has the right to dispossess natives of the lands which they

occupy (Ordinance of the 1st July, 1885, Article 2).

“The lands occupied by the native population under the authority of

their Chiefs, shall continue to be governed by the local customs and

usages (Decree of the 14th September, 1886, Article 2).

“All Acts or Agreements which would tend to drive the natives from the

territories they occupy, or to deprive them directly or indirectly of

their liberty or means of livelihood, are prohibited (Decree of the 14th

September, 1886, Article 2).

“In cases where the lands which form the subject of application are

occupied in part by natives, the Governor-General, or his Delegate,

shall intervene in order, if possible, to effect an arrangement with

them, securing to the applicant the lands so occupied, either by cession

or by lease, but the State is not to be put to any expense in the matter

(Decree of the 9th April, 1893, Article 5).

“When native villages are inclosed in lands which have either been

disposed of or leased, the natives may, so long as the land has not been

officially measured, take into cultivation, without the consent of

either the owner or the lessor, the vacant lands surrounding their

villages (Decree of the 9th April, 1893, Article 6).

“The members of the Land Commission shall examine with special care the

question whether the lands applied for ought not to be reserved either

for the public use or with a view to allow of the extension of

cultivation by the natives (Decree of the 2nd February, 1898, Article

2).”

Page 156.

If it is inexact to say that the natives have been robbed of immemorial

rights, it is equally so to assert that the policy of the State has

aimed at the exclusion of private trading in order to assure greater

advantages for its own commercial enterprises.

Such a statement can only be the result of a misapprehension of the

various phases through which the Congo trade has passed since 1885. At

that time private enterprise was centred in the Lower Congo only. The

Government, far from wishing to close the Upper Congo, declared its

access free to all. The Decree of the 30th April, 1887, led, on the

contrary, to various commercial firms establishing themselves above

Stanley Pool, owing to the facilities it afforded for settling on the

domain lands.

Correspondence and Report from His Majesty's Consul at Boma Respecting the Administration of the Independent State of the Congo [and Further Correspondence] · 第 18 / 74 题