THE
MAP OF AFRICA BY TREATY.
THE
\_Att Jliyhta Reserved.
MAP OF AFRICA BY TREATY.
(SECOND AND BEVISED EDITION.)
VOL. II.
GREAT BRITAIN & FRANCE
TO
ZANZIBAR.
Nos. 103 TO 208.
With amended Maps.
BY
SIR EDWARD HERTSLET, K. C. B.
///
Compiler and Editor of the "Map of Europe by Treaty;" "Hertslet's Commercia
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UNIVERSITY OF TORONTO
GREAT BRITAIN AND
FRANCE.
GREAT BRITAIN AND FRANCE.
LIST OF TREATIES, Ac.
No.
103
Page
3 Sept., 1783. Treaty. West Coast of Africa. French Pos-
sessions : Senegal, Portendic, Goree, Ac.
British Possessions : Fort James and River
Gambia 539
104 30 May, 1814. Treaty. Restoration of Colonies, &c., to France,
except Isle of France, Rodrigues, and Les
Sechelles 540
105 30 Nov., 1843. Prussian Award. Portendic Claims 541
106 7 Mar., 1857. Convention. Portendic and Albreda 544
107 10 Mar., 1862. Declaration. Independence of Muscat and
Zanzibar. [Modified 5 August, 1890] 547
108 16—20 May, Notes. French Protectorate of Tunis. Main-
1881. tenance of Treaty Rights of Great Britain
and Foreign Powers. Bizerta, &c 548
109 28 June, 1882. Convention. Territorial Limits north of Sierra
Leone 554
9 June, 1886. Proces-verbal. Great Britain, France, and Ger-
many. Possessions of Sultan of Zanzibar.
(See Great Britain and Germany).
Accession of Germany to Declaration of 10
March, 1862, respecting Zanzibar. (See
Great Britain and Germany.)
Exchange of Notes. Spheres of Influence. Gulf
i of Tadjura and Somali Coast APPENDIX
10 Aug., 1889. J Arrangement. Senegambia to Gold Coast.
Slave Coast, Gambia, Sierra Leone, Assinee,
Porto Novo 558
2 — 19 Nov., 1889. Exchange of Notes. Approval of Arrange-
ment of 10 August, 1889. Do. Do 568
Declaration. French Recognition of British
Protectorate over Zanzibar and Pemba.
Modification of Declaration of 10 March, 1862 570
Declaration. French Protectorate over Mada-
gascar. French Sphere of Influence south of
her Mediterranean Possessions. Line from
Saye, on the Niger, to Barruwa, on Lake
Tchad 571
537
— 29 Oct., 1886.
f Feb., 1888.
110
111
112 5 Aug., 1890.
113 5 Aug., 1890.
LIST OP TREATIES, &0.
No. J Page
114 26 June, 1891. 'Agreement. British, and French Spheres of
Influence in Niger Districts. Appointment
of Technical Boundary Commission. ....... 573
115 1891 — 1892. Exchange of Notes. Ivory Coast. Extension of
French Territor7 to Frontier of Liberia .... 575
116 1885 — 1893. Notes. African Boundary Arrangements .... 582
117 8 May, 1893. Joint Report. British and French Commissions.
Position of Panchang and of Niambuntang
(Gambia) 588
118 12 July, 1893. Arrangement. Boundary between British and
French Possessions on the Gold Coast 589
538
No. 103] GREAT BRITAIN AND FRANCE. [3 Sept., 1783.
[Senegal, Portendic, Gambia, Ac.]
No. 103. — TREATY of Peace between Great Britain and
France respecting the Cessions of Territories and Boundary,
&c., on the West Coast of Africa. Signed at Versailles*
3rd September, 1783.
Cession of Senegal, Portendic, 8fc.t to France.
ART. IX. The King of Great Britain cedes, in full right,
and guarantees to His Most Christian Majesty the River
Senegal and its Dependencies, with the Forts of St. Louis, Podor,
Galam, Arguin,f and Portendic ; and His Britannic Majesty
restores to France the Island of Goree, which shall bo delivered
up in the condition it was in when the conquest of it was made.
Guarantee of British Possession of the River Gambia, 8fc.
ART. X. The Most Christian King, on his part, guarantees
to the King of Great Britain the possession of Fort James, and
of the River Gambia.
Boundary Commissioners to be Appointed.
ART. XI. For preventing all discussion in that part of the
world, the two High Contracting Parties shall, within three
months after the exchange of the Ratifications of the present
Treaty, name Commissioners, who shall be charged with the
settling and fixing of the Boundaries of the respective posses-
sions.
Gum Trade.
As to the Gum Trade, the English shall have the liberty
of carrying it on, from the mouth of the River St. John to the
Bay and Fort of Portendic inclusively. J Provided that they
shall not form any permanent settlement, of what nature soever,
in the said River St. John, upon the coast, or in the Bay of Port-
endic.
Access of British and French Subjects to African Coast.
ART. XII. As to the remainder of the Coast of Africa, the
English and French subjects shall continue to resort thereto,
according to the usage which has hitherto prevailed.
* Chalmers" Treaties, vol. i, p. 500.
t Ceded by the Netherlands to France, 13th January, 1727 Le Clercq,
vol. iv, p. 1.
J See Prussian Award, 30th November, 1843, p. 541. See also Convention,
7th March, 1857, p. 544.
539
30 May, 1814.] GREAT BRITAIN AND FRANCE. [No. 1
[French Factories, &c. British Possessions : — Mauritius, Les
Sechelles, &c.l
No. 104.— DEFINITIVE TREATY of Peace betiveen Great
Britain, &c., and France, Signed at Paris, 30th May,
1814.*
Restoration of certain Colonies to France, Sfc. French Factories,
fyc., in Africa.
ART. VIII. His Britannic Majesty, stipulating for himself
and his allies, engages to restore to His Most Christian Majesty,
within the time which shall be hereafter fixed, the Colonies,
Fisheries, Factories, and Establishments of every kind which
were possessed by France on the 1st January, 1792, in the Seas
and on the Continents of America, AFRICA, and Asia.
Isle cf France (Mauritius), Rodrigues, Les Sechelles.
With the exception, however, of the Islands of Tobago and
St. Lucia, and of the Isle of France and its Dependencies, especially
Rodrigues and Les Sechelles, which several Colonies and Pos-
sessions His Most Christian Majesty cedes in full right and
sovereignty to His Britannic Majesty, and also the Fortress of
St. Domingo, ceded to France by the Treaty of Basle,* and
which His Most. Christian Majesty restores in full right and
sovereignty to His Catholic Majesty.
* Confirmed by Art. XI of General Treaty of Paris of 20th November,
1815. Hertslet's " Map of Europe by Treaty," vol. i, p. 349.
540
No. 105] GREAT BRITAIN AND FRANCE. [30 No?., 1843.
[Prussian Award. Portendic Claims.]
No. 105. — A WARD of the King of Prussia, on the Claims
of British Subjects against France, arising out of Measures
adapted />// the French Authorities in 1834 and 1835, on
the Coast of Portendic. Berlin, 30th November, 1843.
IN 1834 and 1835 war ensued between France and the
Trarza Moors, and the measures adopted by the French Govern-
ment gave rise to numerous Claims on the part of British Mer-
chants engaged in the Gum Trade on that Coast.* As no under-
standing could be arrived at between the British and French
Governments with regard to the settlement of those Claims, it
was ultimately agreed, by a Declaration signed on the 14th
November, 1842,f to refer the differences which had arisen to the
arbitration of the King of Prussia, and the following is a copy
of His Majesty's Award : —
(Translation as laid before Parliament.!)
WE, Frederick William IV, by the grace of God King of
Prussia,
Having accepted the Arbitration which Her Majesty the
Queen of Great Britain and Ireland and His Majesty the King
of the French committed to our hands, in virtue of a Declara-
tion signed by their respective Plenipotentiaries at Paris on the
14th of November, 1842,J in order, by this means, to terminate
the difference which has arisen between them on the subject of
certain Claims made by British merchants against the French
Government, in consequence of the measures adopted by the
French authorities in 1834 and 1835 on the Coast of Port-
endic ;
And having, according to the terms of the said Declaration,
to decide, as Arbitrator, upon the question, whether, in con-
aequcnco of the measures and circumstances which preceded,
accompanied or succeeded the establishment and Notification
* See Treaty, 3rd September, 1783, p. 539.
t S. P., vol. xxxiv, p. 1064; H. T., vol. viii, p. 992.
J For French version, see " State Papers," vol. xlii, p. 1377.
54L
30 Nov., 1843.] GREAT BRITAIN AND FRANCE. [No. 105
[Prussian Award. Portendic Claims.]
of the Blockade of the Coast of Portendic in 1834 and 1835, a
real damage has been unduly occasioned to such or such subjects
of Her Britannic Majesty carrying on a regular and lawful
traffic upon the said Coast, and whether France is in justice
bound to pay such or such class of the said Claimants Indem-
nifications in proportion to this damage ;
Having, to this end, carefully examined and maturely
weighed the contents of the despatches, notes, and other docu-
ments which the Envoys Extraordinary and Ministers Pleni-
potentiary of their said Majesties at our Court have respectively
transmitted, under date of the 19th of April last, to our Minister
of Foreign Affairs ;
We declare that : —
As to the Claims resulting from the proceedings of the
French brig of war " LeDunois," towards the British merchant
vessels the " Governor Temple" and the "Industry";
We are of opinion —
That the French Government ought to Indemnify the sub-
jects of Her Britannic Majesty for the losses which they have
suffered in consequence of the said proceedings, with the ex-
ception, however, of those to which the Claim relates which
has been set up relative to the assistant supercargo of the
British ship the " Matchless."
As to the losses occasioned by the measure to which the
British merchant vessel the " Eliza " was subjected on the part
of the French ships of war which sent her away from Portendic
without permitting her first to take on board there the cargo of
gum due to her in exchange for goods already delivered to the
Moors, sellers of the gum ;
We are of opinion —
That France is equitably bound to pay an Indemnity in pro-
portion to those losses.
As to the other Claims relative 'to the placing the Coast of
Portendic in a state of Blockade by the French Government ;
We are of opinion —
That France ought to Indemnify the Claimants for the
damages and losses to which they would not have been ex-
posed if the said Government, when it sent to the Governor of
542
No.105] <;KI:\I i;i;i i \i s \M» FKANUK. 1 30 Nov., 1843.
[Prussian Award. Portendio Claims.]
the order to establish the Mloekadr. had simultaneously
Notified tliat. UK iisure <o the British (Jovernment ; that France,
on ihc contrary, notwithstanding the omission of such oflieinl
Notification of the Blockade does not owe any Indemnification
for the losses incurred in consequence of commercial enterprise*
in which the Claimants engaged after they had, through uthei
channels, positive knowledge of the formation of the Blockade
of I'ortcndic, or might, at least have been informed of it in
consequence of authentic information in this respect received
by the British Government from some British authority in
Africa.
With respect to the application of the Award, which we
have just delivered, to the individual Claims, as also with
respect to the determination of the amount of each of those to
which an Indemnification ought to be allowed, these must be
performed in conformity with the Declaration of the 14th of
November, 1842,* by Commissioners of Liquidation, the one
English, the other French, subject to the Arbitration between
them in case of need, of an Umpire, whom we shall have to
appoint, f
Done in duplicate, and given under our Royal Seal, at
Berlin, this 30th day of November, in the year of our Lord
1843.
(L.S.) FREDERICK WILLIAM R,
BULOW.
* S. P., vol. xniy. p. 1064 ; H. T., vol. yiii, p. 992.
t The Decisions of the Umpire on this Award were dated Berlin, 20th
June, and 3rd Oct., 1844. S. P., vol. xxxiv, pp. 1102, 1105.
54:i 2 Q
7 Marcli, 1857.] GREAT BRITAIN AND FRANCE. [No. 106
[Portendic and Albreda.]
No. 106.— CONVENTION between Great Britain and
France relative to Portendic and Albreda. Signed at
London, March 7, 1857.*
HER Majesty the Queen of the United Kingdom of Great
Britain and Ireland and His Majesty the Emperor of the
French, being desirous to prevent all future cause of mis-
understanding with regard to the right of trading at and near
Portendic, on the West Coast of Africa, and at Albreda, in the
River Gambia, asserted or assumed respectively by the
Governments or subjects of Great Britain and France, have
resolved to conclude a Convention for that purpose, and have
named as their respective Plenipotentiaries, that is to say :
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, the Bight Honourable George William
Frederick, Earl of Clarendon, Baron Hyde of Hindon, a Peer
of the United Kingdom, Her Britannic Majesty's Principal
Secretary of State for Foreign Affairs ; and the Bight Honour-
able Henry Labouchere, a Member of Parliament, Her
Britannic Majesty's Principal Secretary of State for the
Colonies ; and His Majesty the Emperor of the French, the
Sienr John Gilbert Victor Fialin, Count of Persigny, his
Ambassador to Her Britannic Majesty ; who, after having
communicated to each other their respective full powers, found
in good and due form, have agreed upon and concluded the
following Articles : —
Surrender of British right to trade from Mouth of St. John River
to Portendic.
ART. I. Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland relinquishes the right hitherto en-
joyed, under Treaty, by the subjects of Her Britannic Majesty,
of trading from the mouth of the River St. John to the Bay
and Fort of Portendic, inclusively .f
* Signed in the English and French languages,
t See Treaty, 3rd September, 1783, p. 539.
544
No. 106] «-i:i \'i I:I;ITAIN AND PEAJTCE. ; 7 March, 1857.
[Portendic and Albreda.]
Cession of Albreda to Great Britain.
ART. II. His Majesty the Knipri-nr of the French cedes to
HIT Uritannie Majesty the French factory or comptoir at
A Hire-do, on the north bank of the River Gambia, on the
Western Coast of Africa, to^c-thrr with all possessory or other
rights whatever appertaining to the said factory.
French Trade on the River Gambia.
ART. III. Her Britannic Majesty consents that French sub-
jects shall have free access to the River Gambia for the purposes
of their commerce.
Rif/ht of French Subjects to reside at Bathurst, and elsewhere by
permission.
They shall be allowed to reside at the town of Bathurst, and
at such other trading station or stations as may hereafter be
appointed by Her Britannic Majesty in Council, but not else-
where ;
Albreda.
Except so far as regards Albreda, where such French subjects
as are now resident, and may wish to remain, are authorized
so to do by Article IV of the present Convention : conforming
themselves, however, to the laws and local regulations which
are or may be in force in the British Settlements in the
Gambia.
Ditties on French Vessels trading in the River Gambia.
French vessels in the River Gambia shall be subject to thr
same duties, tolls, and regulations as British vessels ; and
every article imported ov exported in French vessels shall pay
the same duty as is or may be imposed upon the like article
when imported or exported in British vessels.
French Consular Agent at Bathurst.
The French Government shall be allowed to maintain a
Consular Agent at Bathurst ; it being clearly understood that
545 2 Q 2
7 March, 1857.] GREAT BRITAIN AND FRANCE. [No. 106
[Fortcndic and Albreda.]
such Consular Agent must first be approved and admitted in
the usual manner by the Government of Her Britannic
Majesty.
Protection of Persons and Property of French Subjects remaining
at Albreda.
AKT. IV. French subjects already settled at Albreda, and
who may wish to remain there after the cession to Her Britannic
Majesty of the French factory or comptoir, shall preserve their
property, and the rights attached thereto, and shall be pro-
tected and treated in all respects in the same manner as all
other French subjects in the Possessions of Her Britannic
Majesty.
ART. V. — Convention to be ratified.*
In witness whereof, the respective Plenipotentiaries have
signed the same, and have affixed thereto the seals of their
arms.
Done at London, the 7th day of March, in the year of our
Lord, 1857.
(L.S.) CLARENDON.
(L.S.) HENRY LABOUCHERE.
(L.S.) F. DE PERSIGNY.
* Ratifications exchanged at London, March 25, 1857.
[This Convention was carried into effect by Act of Parlia-
ment, 21 and 22 Viet., c. 35. 1858. H. T., vol. x, p. 770.]
546
No.107 <:I;I:AI I:RII \i\ \.\D ri: \ \. i:. lOMar.,1862.
[Independence. Muscat and Zanzibar.]
No. 107.— m-A 'I. AH. \ TlnX between Great l.nt.ain and
, ,;rii>,-»i'nUi/,t<> rr*j ><•<•/ flit Independence of
of .)/>'•>•"/ 'i, ul /•'//://„//•.* Si'jn<'d »f J'aris,
10th M<,, •<•/,, 18G2.f
lli:i; Majesty tho Qucuu of the United Kingdom of Great
Mrituiu and Ireland and His Majesty the Emperor of tho
Frt'tich, taking into consideration the importance of maintain-
ing the independence of His Highness the Sultan of Muscat
and of His Highness tho Sultan of Zanzibar, have thought it
right to engage reciprocally to respect the independence of these
Sovereigns.^
The Undersigned, Her Britannic Majesty's Ambassador Ex-
traoi'dinary and Plenipotentiary at the Court of France, and the
Minister Secretary of State for Foreign Affairs of His Majesty
the Emperor of the French, being furnished with the necessary
powers, hereby declare, in consequence, that their said Majesties
take reciprocally that engagement.
In witness whereof, the Undersigned have signed the pre-
sent Declaration, and have affixed thereto the Seals of their
Arms.
Done at Paris, the 10th March, 1862.
(L.S.) COWLEY.
(L.S.) E. THOUVENEL.
* Signed also hi the French language. Sff S. P., vol. lvii, p. 785.
t Acceded to by Germany, 29th October, 1886. See Great Britain and
Germany, 29th October — 1st November, 1886, p. 615. Modified by Arrange-
ment with France 5th August, 1890, p. 570.
£ See Correspondence, May — August, 1861. S. P., vol. Ivi, p. 1396.
547
16 May, 1881.] GREAT BRITAIN AND FRANCE. [No. 108
[Tunis.]
No. 108. — NOTES exchanged between the British and French
Governments respecting/ the maintenance of Treaty Rights
of Foreign Powers in Tunis. May, 1881.*
(1.) M. Barthelemy St. Hilaire to Lord Lyons.
Maintenance of all existing Conventions.
(Extract.) Paris, 16th Hay, 1881.
You wish first of all to place on record that I stated to you
that the Conventions existing between Tunis and foreign
Powers would be maintained and respected. I repeat this
assurance to you with greater pleasure because, by a special
Article of our Treaty with the Bey,f the French Representative
guarantees the execution of all the Conventions of this kind
which now exist. It is true that in oar recent conversations I
spoke to you incidentally of the possibility of a revision of
some of these Conventions.
The frankness with which I explained myself to you led me
naturally to foresee an occurrence of this kind, for I could not
conceal from myself nor conceal from your Excellency the
obligations which will devolve by the force of circumstances
upon the French Government in consequence of the position
which is henceforward assigned to it in Tunis. It is quite
evident that, just as the English Government, when it has
assumed the responsibility of the administration of foreign
countries, has considered that it was bound to alter the exist-
ing state of things, and to procure for the populations of which
it assumed the guardianship the advantage of a civilized and
regular Government, so also France, in whose hands the super-
intendence of affairs in Tunis is now placed, cannot shirk tfce
duty of inviting that country to share the benefits which our
administration has already conferred upon Algeria. But it is
no less clear that this work can only be accomplished gradually,
and that much time would still be required before Tunis is
* Sec also Tunis and France, p. 905.
t H. T., vol. xviii, pp. 1160— 11G3 ; S. P., vol. Ixxiii, pp. 480—495.
548
No. 108] «ii;i:\ i BRITAIN \ \\> i i; \ \CK. [20 May, 188L
[Tunis.]
]il:uvd ina position to share a Government similar to that of
nations. In any case, if the improvements which we
in view can only be obtained at tho price of certain
whii-h would affect a state of things U-MII -.•<! to-day by
Conventions concluded with foreign Powers, our firm resolve in
never to proceed with the necessary changes except in agree-
ment with those Powers, and in virtue of a friendly under-
standing with them.
Confirmation of Rights and Privileges.
The rights and privileges, commercial and otherwise,
enumerated in your Excellency's note will therefore be main,
tained intact so far as they are guaranteed by Treaties until
fresh Conventions, fully agreed to, are substituted for the ex-
isting arrangements.
Creditors on Tuni*.
As regards specially the creditors of the Regency, it is
certain that the securities which they actually hold Avill not
be in any way impaired, but, on the contrary, we will do our
utmost to strengthen them as much as possible.
(2.) Earl Granville to M. Challemel-Lacour.*
M. 1'Ambassadeur, Foreign Office, 20tk May, 1881.
HEK Majesty's Government have had under their considera-
tion the notes from M. Barthelemy St. Hilaire on the subject of
Tunis, of which copies have been received by Her Majesty's
Ambassador at Paris, and have also doubtless been furnished
to your Excellency.
In his note of the 14th instant, M. Barthelemy St. Hilaire
expresses his sincere satisfaction at the friendly communication
which Lord Lyons had made to him on the 10th instant in
accordance with my instructions, and states that he is per-
* S. P., vol. Ixxiii. p. 495.
549
20 May, 1881.] GEEAT BKITAIN AND FRANCE. [No. 108
[Tunis.]
sonally happy to think that the explanations which on several
occasions he has communicated to his Excellency on the nature
and object of the French operations in Tunis have had the
effect of causing the enterprise to be regarded in its true light
by Her Majesty's Government ; and he remarks that the Treaty
with Tunis, the substance of which he has communicated to his
Excellency, will be readily recognized as in no way affecting
the privileges legitimately possessed by other countries.
M. Barthelemy St. Hilaire concludes by expressing the
thanks of his Government for the assurances of good-will and
courteous offers Avhich Lord Lyons conveyed to him.
Her Majesty's Government are happy to receive and to
reciprocate these expressions of friendly feeling. It would be
difficult to oVerrate the importance they attach to the excellent
relations which exist between this country and France, the
value of which is not confined to the respective nations ; but
they would be wanting in frankness if they allowed M.
Barthelemy St. Hilaire to remain under the impression that
the proceedings of the French in Tunis have produced a
favourable effect on public opinion in this country.
French Protectorate of Tunis.
Her Majesty's Government do not wish to lay too much
stress on the inconsistencies of language in conversation, or on
the various reasons which have been given at Paris and at Tunis
for French intervention, first as a protection against the alleged
designs of the Sultan for the Bey's deposition, and secondly for
the punishment of the turbulent frontier tribes. But it can
hardly be doubted that the Treaty with Tunis goes far beyond
any question of the security of the frontier, and amounts prac-
tically to a Protectorate, which they understood to have been
disclaimed.
Maintenance of existing Conventions between Tunis and Foreign
Powers.
Her Majesty's Government, however, readily acknowledge
the assurance repeated by M. Barthelemy St. Hilaire in his note
.550
No.108] PAIM \NDKK\NCI-:. 20May,1881.
[Tuni«.]
of the liltli instant that all exist ing ('<>n\ cut inns between Tunis
and foreign Powers will In- maintained and respected, and this
all the more readily because by Article I V <>f the Treaty with
the Hey the French Republic guarantees their execution.
Commercial and other rights and privileges will, therefore,
remain undisturbed in so far as t liey are guaranteed liy Treaties,
unless new Conventions, t'r. l\ entered into, shall be substituted
for the existing arrangements.
Her .Majesty's ( mveni'iient take note of this assurance,
which they regard as an international engagement, binding
upon the I-Yench ( u>\ eminent in the future.
In order that there may be no misapprehension hereafter,
Her Majesty's Government desire explicitly to state that the
General Convention of the 19th July, 1875,* between the Govern-
ments of Great Britain and Tunis, is and remains in force.
This Treaty secures to British subjects, vessels, commerce, and
navigation all the privileges, favours, and immunities which
might then or thereafter be granted to the subjects, vessels,
commerce, and navigation of any other nation whatever. It
iherefore extends to Great Britain all the advantages conceded
by the Bey in other Treaties, including the Treaty between
Krance and Tunis, of the 8th August, 1830,f of which Article
VII is as follows : — " Les Capitulations faites entre la France
et la Porte, de meme quo les anciens Traites et Conventions
passes entre la France et la Regence de Tunis, et nommement
le Traite du 15 Novembre, 1824,J seront confirmes et continue"
ront a etre observes, dans toutes celles de lours dispositions,
auxquelles le present Acte ne derogerait pas."]
Most-favoured-nation Treatment; Import Duties ; Navigation
Dues.
I have to call your Excellency's special attention to the
article of the Treaty of 1875 containing the stipulation of
most-favoured-nation treatment, as well as to the VHth
Article, by which the Bey engaged not to prohibit the im-
* S. P., vol. Ixvi, p. '.«.
t S. P., vol. xix, p. 1030. .
I 21st May. 132-k S. P , vol. xiv. p. 7lL>.
551
20 May, 1851.] GREAT BKITAIN AND FRANCE. [No. 108
[Tunis.]
portation into the Regency of any article the produce and
manufacture of the British dominions, and that the duties to
be levied on such articles should not exceed 8 per cent, ad
valorem, or an equivalent specific duty fixed by common con-
sent ; and also to the XVIIIth Article, providing for most-
favoured-nation treatment in regard to harbour, pilotage,
light-house, or quarantine dues.
Financial Commission.
It must not, however, be understood that by specially
mentioning these Articles the force of the remaining articles of
the Treaty is in any way to be considered as being in any
degree impaired by Article VII of the Treaty of the 12th
instant : —
" Le Gouvernement de la Republique Francaise et le
Gouvernement de Son Altesse Bey de Tunis se reservent de
fixer d'un commun accord les bases d'une organisation financiere
de la Begence, qui soit de nature a assurer le service de la Dette
Publique et a garantirles droits des creanciers de la Tunisie."
If the agreement proposed to be entered into with the Bey
is intended to change the constitution of the Financial Com-
mission established by the Bey's Decree of the 5th July, 1869,
aft/er preliminary agreement between the Governments of Great
Britain, France, and Italy, and in which British creditors are
represented, Her Majesty's Government think that an oppor-
tunity should be given to the creditors of expressing their views
on the subject.
Non-annexation by France of Bizerta or of any other Tunisian
Port.
Her Majesty's Government observe, M. 1'Ambassadeur,
that M. Barthelemy St. Hilaire repudiates all idea of the
annexation by France of the port of Bizerta, or any port
whatever of Tunis; and although he indicates the possi-
bility of encouraging the improvement of the port by private
enterprise, he declares that it in no way enters into the projects
of the French Government to expend, at the present time, the
552
No. 1081 <;KK\T i:i;n \i\ \\i> FRANCE. 1 20 May, 1881.
[Tunis.]
enormous sums and to commence tin- immense \vui-ks necessary
for making' this position a military
/. :'jht <>f British Ships to use Bizerta as a Commercial Port.
I do not think it neOMMiy, M. I'Ambassadeur, to enter into
tin question of the possible value of Bi/erta as a commercial port,
further than to observe that if the channel from the sea to the
lake is deepened, so as to give across for large vessels, British
ships will have, under the Treaty of 1875, a right to use it
without being1 subjected to any higher dues than French or
Tunisian vessels.
Her Majesty's Government feel confident that M. Barthi'lemy
St. Hilaire will appreciate the friendly intentions of Her
^Majesty's Government in being thus explicit in their views
with regard to the rights of British subjects under existing
Treaties, and will accept it as a proof of their earnest desire to
prevent any occasion of future misapprehension, and to maintain
tin- good understanding which has so long happily subsisted
between the two countries.
I have, &c.,
GRANVILLE.
On the 15th October, 1889, an Order in Council was passed
entitled the "Africa Order in Council, 1889," but by § 6,
Tunis (as well as certain other territories in Africa which were
named) was expressly excluded from its local jurisdiction.*
* H. T., vol. xviii, p. 3.
553
28 June, 1882.] GREAT BRITAIN AND FRANCE. [No. 109
[Territories North of Sierra Leone.]
No. 109,— CONVENTION between Great Britain and
France for the Settlement of Territorial Limits to the North
of Sierra Lcvae. Signed at Pc.ris, Juno 28, 1882.*
HER Majesty the Queen of the United Kingdom of Great
Britain and Ireland and the President of the French Republic,
being desirous of settling, in a satisfactory manner, certain
questions which have arisen with regard to the extent and
limits of the territories occupied or claimed by Great Britain
and France respectively in the vicinity of Sierra Leone, on the
West Coast of Africa, have, with the view of concluding
arrangements for that purpose, named as their respective
Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, the Right Honourable Richard Bickerton
Pemell, Viscount Lyons, Her said Majesty's Ambassador Extra-
ordinary and Plenipotentiary to the Government of the French
Republic, &c. ; and the President of the French Republic,
M. Louis Charles de Saulces de Freycinet, Minister of Foreign
Affairs, &c. ; who, after having communicated to each other
their respective full powers, found in good and true form, have
agreed upon the following Articles : —
Line of Demarcation between British and French Possessions to the
North of Sierra Leone.
ART. I. The line of demarcation between the territories
occupied or claimed by Great Britain and France respectively
to the north of Sierra Leone, on the West Coast of Africa, shall
be drawn between the basins of the Rivers Scarcies and Melli-
courie.
The exact position of the said line of demarcation shall be
determined by inquiry on the spot, by Commissioners to be ap-
pointed for that purpose in the manner provided in Article VII
of the present Convention.f
* S. P., vol. Ixxvii, p. 1007. See p. 585.
t See also Arrangement of 10th August, 1889, p. 558, and Annexes,
p. 564.
554
No.109, GREAT P.HITAIN \\DiKA.\rK. 28 June, 1882.
[Territories North of Sierra Leone.]
Ji/itish Control over Scarcies Rivers and French Contra!
Mellicourie River.
The said lino of demarcation shall, however, be drawn in
Midi a manner as to insure to Great Britain the complete con-
trol of the Scarcies Rivers and to France the complete control
df the .Melliroum' Kivei .
Point and Factory of Mahela.
The Point and Factory of Mahela and the adjacent water
communication shall belong to the nation to which, by the
aforesaid inquiry, their possession may be found necessary for
the control of the Scarcies Rivers, or of the Mellicourie River,
as the case may be. If the water communication at Mahela
should bo found to open into the Mellicourie River as well as
into the Scarcies River, the said line of demarcation shall start
on the coast from the centre of the stream which joins the sea
at Mahela, and shall be continued in such manner as to assign
to Great Britain the communication with the Scarcies River,
and to France the communication with the Mellicourie River.
Island of Yelboyah, fyc., to belong to Great Britain.
ART. II. The Island of Yelboyah, and all islands claimed or
possessed by Great Britain on the West Coast of Africa lying to
the south of the said line of demarcation as far as the southern
limit of the British Colony of Sierra Leone, shall be recognized
by France as belonging to Great Britain.
Island of Matacong, fyc., to belong to France.
And the Island of Matacong, and all islands claimed or
possessed by France on the West Coast of Africa to the north
of the said line of demarcation as far as the Rio Nunez, shall
be recognized by Great Britain as belonging to France ;
Isles de Los.
With the exception of the Isles de Los, which last-men-
tioned islands shall continue to belong to Great Britain.*
* The Isles de Los, comprising Factory, Crawl'ords, Jamara, "\Vhitf>.
555
28 June, 1882.] GREAT BRITAIN AND FRANCE. [No. 109
[Territories North of Sierra Leone.]
Withdrawal of British Political Influence.
ART. III. Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland engages to abstain from holding
any territory, and from exercising or countenancing the
exercise of British political influence in the country lying
between the line of demarcation which is to be fixed in accord-
ance with Article I and the Rio Nunez.
Rio Ntmez.
It is understood that nothing contained in this Article shall
affect any rights which may be possessed by France, on the
stream of the Bio Nunez, or to the north of that river.
Withdrawal of French, Political Influence.
ART. IV. The President of the French Bepublic engages to
abstain from holding any territory and from exercising or
countenancing the exercise of French political influence in the
country lying between the line of demarcation which is to be
fixed in accordance with Article I and the northern limit of the
Bepublic of Liberia.
Equality of Treatment of British Subjects and French Citizens in
respective Possessions.
ART. V. British subjects in the French Possessions on the
West Coast of Africa, and French citizens in the British
Possessions on the West Coast of Africa, shall receive equality
of treatment with the citizens or subjects of France and Great
Britain respectively as regards the protection of life and pro-
perty.
Right of British Subjects and French Citizens to hold real
Property in respective Possessions.
ART. VI. The right to hold real property within the British
Possessions on the West Coast of Africa shall be accorded to
French citizens in the same manner as this right is or may be
granted by law to aliens in the United Kingdom of Great
Britain and Ireland.
and Coral Islands, \rere ceded to Great Britain by tlie King and Chiefs of
the Bago Country on the 6th July, 1818. H. T., vol. xiv, p. 933.
556
No. 109] GREAT BRIT YIN .\M> MM MT. 28 June, 1882.
[Territories North of Sierra Leone.]
The right to hold real property within the French Posses-
sions on the West Coast of Africa shall be accorded to British
subjects in the same manner as this right is or may be irnmted
by law to aliens in France.
Appointment of Boundary Commissioner**
ART. VIT. The Commissioners for determining on the spot
the exact position of the line of demarcation provided for in
Article I of the present Convention shall be appointed in the
following manner, that is to say : —
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland shall appoint two Commissioners, and the
President of the French Republic shall appoint two Commis-
sioners. The said Commissioners shall meet at Sierra Leone
for the purpose of commencing their labours within six months
after the ratifications of the present Convention shall have been
exchanged, or sooner if possible.
In the event of any question arising upon which the afore-
said Commissioners are not able themselves to come to an
agreement, the matter shall be referred for decision to the
Governments of the two High Contracting Parties.
Ratifications.
ART. VIII. The present Convention shall be ratified,f and
the ratifications shall be exchanged at Paris, as soon as
possible.
In witness whereof the respective Plenipotentiaries have
signed the same in duplicate, and have affixed thereto the seal
of their arms.
Done at Paris, the 28th June, 1882.
(L.S.) LYONS.
(L.S.) C. DE FREYCINET.
* See Map facing p. 558.
t The Convention was not formally ratified, but it has been accepted
by both Powers as a binding arrangement. It was published in the "Journal
Official " of 28th March, 1833. See p. 585.
557
10 Aug., 1889.] GREAT BRITAIN AND FRANCE. [No. 110
[Senegumbia, Gold Coast, Slave Coast, Gambia, Sierra Leone,
Assinee, Porto Novo.]
No. 110. — ARRANGEMENT concerning the Delimitation of
the English and French Possessions on the West Coast of
Africa. Signed at Paris, August. 10, 1889.*
THE Undersigned, selected by the Government of Her
Majesty the Queen of Great Britain and Ireland and by the
Government of the French Republic for the purpose of prepar-
ing a general understanding with a view to settle all the ques-
tions at issue between England and France with regard to their
respective possessions on the West Coast of Africa, have agreed
on the following provisions : —
Senegambia. Line of Demarcation.^
ART. I. In Senegambia, the frontier line between the English
and French possessions shall be established as follows : —
North of the Gambia.
1. To the north of the Gambia (right bank) the line shall
start from Jinnak Creek and follow the parallel which, tra-
versing the coast at this point (about 13° 36' north), intersects
the Gambia at the great bend it makes towards the north oppo-
site a small island situated at the entrance of Sarmi Creek in
the country of Niamena.
Yarbatenda.
From this point the frontier line shall follow the right bank
as far as Yarbatenda, at a distance of 10 kilom. from the
river. +
South of the Gambia.
2. To the south (left bank) the line, starting from the
mouth of the San Pedro, shall follow the left bank as far as
13° 10' of north latitude. The frontier shall thence follow the
parallel which, starting from this point, goes as far as Sandeng
(end of the Vintang Creek, English map).
The line shall then trend upwards in the direction of the
Gambia, following the meridian which passes through Sandeng
to a distance of 10 kilom. from the river.
* H. T., vol. xviii, p. 419 : see also note, p. 559.
t See also Annex 2, p. 564.
I See Annexes, p. 564, and Map facing this page.
558
Map of
THE RIVER GAMBIA
to Illustrate Art. 1 of the Anglo-French Agreement
of 10th August, 1889.
Map of
THE RIVER GAMBIA
to Illustrate Art. 1 of the Anglo-French Agreement
of 10th August, 1889.
No. 110] GREAT liKITA I.V AND FRAXCK. [10 Aug., 1889.
[Seneg-ambia, North of Sierra Leone, Gold Coast.]
The frontier shall then follow the left bank of the river at
the same distance of 10 kilom. as far as, and including, Yarba-
tenda.*
North of Sierra Leone. Line of Demarcation. Mellicourie and
Great Scarcies River.
Art. II.* To the north of Sierra Leone, in accordance with
the provisions of the Treaty of 1882 (No. 109),t the line of
demarcation, after having divided the basin of the Mellicourie
from that of the Great Scarcies, shall pass between Bennah
and Tambakka, leaving Talla to England and Tamisso to
France, and shall approach the 10th degree of north latitude,
including in the French zone the country of the Houbbous,
and in the English zone Soulimaniah and Falabah.
Middle and Upper Niger Districts.
The line shall stop at the intersection of the 13th degree
of longitude west of Paris (10° 40' of Greenwich) as marked
on the French map, and of the 10th degree of latitude.
Gold Coast.$ Line of Demarcation. English Frontier.
ART. III. — Sec. 1. — On the Gold Coast, the English frontier
shall start from the sea coast at Newtown at 1,000 metres to
the west of the house occupied in 1884 by the English Commis-
sioners. It shall thence go straight to the Tendo Lagoon. The
line shall then follow the left bank of that lagoon and of that
of Aby and the left bank of the River Tanoe or Tendo as far
as Nougoua.
Starting from Nougoua, the frontier line shall be fixed in
accordance with the various Treaties which have respectively
been concluded by the two Governments with the natives.
This line shall be prolonged to the 9th degree of north latitude.
Liberty of English and French Political Action respectively
outside Frontier Line. Ashantee, Sfc.
The French Government shall undertake to allow England
* See also Annex 2, p. 564, and Agreement, 26th June, 1891, p. 573.
t The Convention of 1882 was not ratified, but it has been accepted by botli
Powers as a binding arrangement. It was published in the " Journal Officiel "
of 28th March, 1883. See p. 585.
J See Arrangement, lith July, Ib93, p. 589.
559 2 E
10 Aug., 1889.] GREAT BRITAIN AND FRANCE. [No. 110
[Qold Coast.]
full liberty of political action to the east of the frontier line,
particularly as regards the Kingdom of the Ashantees : and
the English Government shall undertake to allow France full
liberty of political action to the west of the frontier line.
Gold Coast* Line of Demarcation. French Frontier. Assinee.
The French frontier shall, in like manner, start from the
sea-shore at Newtown at a distance of 1,000 metres to the west
of the house occupied in 1884 by the English Commissioners.
After having reached in a straight line the Tendo Lagoon it
shall followf the right bank of that lagoon and that of Ahy, as
well as that of the River Tanoe or Tendo, and terminate at
Nougoua, the point at which the two lines of frontier shall
unite.
British Custom House at Mouth of the "River Tendo.
Sec. 2. In the event of the Gold Coast Government thinking
proper to establish a Custom House at the mouth of the River
Tendo, the French Government will not object to the English
authorities requiring from French boats certificates of destina-
tion for goods going up the Tendo, in which certificates it shall
be specified that the duties payable on goods imported into
the French Colony have been paid in full.
Free Navigation on Tendo and Ahy Lagoons 8f on River Tendo.
The navigation on the Tendo and Ahy Lagoons and on the
River Tendo shall be free and open to the boats and inhabitants
of the two Protectorates.
French Custom House at Mouth of the River Tendo.
In the event of the French Government thinking proper to
establish a Custom House for the purpose of keeping a similar
supervision over the English boats coming from the direction
of Apollonia as that exercised over French boats at the mouth
of the Tendo, the English Government will raise no objection.
* See Art. V, p. 563, and Arrangement fixing Boundary on the Gold
Coast, 12th July, 1893, p. 589.
t " Approchera " in the French Version.
560
No. 110] GREAT BRITAIN AM) TKANCK. [10 Aug., 1889.
[Gold Coast, Slave Coast.]
Gold Coast. French adoption of Customs Tariff of Asdnee.
Duties on Spirituous Liquors.
Sec. 3. The acceptance of the English Government of the
above-mentioned Hues of frontier remains subject to the adop-
tion by the French Government of a Customs tariff to be
established at Assinee, in which the duties upon spirituous
liquors shall not be less than 40 fr. the hectolitre for alcohols
and trade liquors of less strength than 25 degrees ; than 60 fr.
the hectolitre for alcohols of 25 to 49 degrees ; and 100 fr. the
hectolitre for alcohols of 50 degrees and over.
Duties on Tobacco.
Duties upon tobacco in leaf and manufactured shall not be
less than 80 centimes the kilogramme.
Duty on Cotton Goods.
Cotton goods shall be liable to a duty of 15 per cent, ad
valorem.
Slave Coast. Demarcation of Spheres of Influence. Porto Novo
and Lagos.
ART. IV. — Sec. 1. On the Slave Coast, the line of demarca-
tion between the spheres of influence of the two Powers shall
be identical with the meridian which intersects the territory of
Porto Novo at the Ajarra Creek, leaving Pokrah or Pokea to
the English Colony of Lagos. It shall follow the above-men-
tioned meridian as far as the 9th degree of north latitude,
•where it shall stop.
Appall to remain to England.
To the south it shall terminate on the sea-shore after having
passed through the territory of Appah, the capital of -which
shall continue to belong to England.*
* A letter -was addressed by the Colonial Secretariat at Lagos to the
various foreign Consuls at that place, on the 18th March, 1883, announcing
that the British flag had, on the 15th of that month, been hoisted, and
British protection extended over the people and territory of Appah.
561 2 E 2
10 Aug., 1889.] GREAT BRITAIN AND FRANCE. [No. 110
[Slave Coast.]
Free Navigation of the Ajarra and Addo River.
The navigation of the Ajarra and of the River Addo shall
be free and open to the inhabitants and boats of both Pro-
tectorates.
Slave Coast. Liberty of the-French to Trade with the
Egbas, 8fc.
Sec. 2. French traders shall be guaranteed full liberty of
•trade with such districts as shall not be included in the French
sphere of influence, and especially as regards the Egbas.
English Trading Privileges.
English traders shall likewise be guaranteed full liberty of
trade with such districts as shall not be included in the English
sphere of influence.
Protection to be afforded to Inhabitants of Katanu and French
Portion of Appah. Liberty to Emigrate.
Sec. 3. Guarantees shall also be given in favour of the in-
habitants of Katanu and of the French portion of the territory
of Appah. These inhabitants shall be free to leave the country
should they so desire, and those who remain shall be protected
.by the French authorities against any act of aggression, on their
persons, their position, or their property on the part of the
King of Porto Novo or of his people.
Similar Guarantees to Inhabitants of Pokrah.
Similar gunrantees shall be given in favour of the inhabi-
tants of the territory of Pokrah.
British and French Spheres of Action.
Sec. 4. It is furthermore agreed that (1) the English
Government shall have full liberty of political action to the
east of the frontier line ; and that (2) the French Government
shall have full liberty of political action to the west of the
frontier line.
562
No. 110] GREAT i:i:!l UN \.M> FRANCE. [10 Aug., 1889.
[Slave Coast.]
Non-establishment of Custom House between l'< krnh mul Adds*
Sec. 5. In consequence of the understanding defined as
above, and with a view to obviate any conflict to which the daily
relations of the inhabitants of the Porto Novo country with
those of Pokrah might give rise if a Custom House were to be
established by one or other of tho Contracting Parties on the
Ajarra Creek, the English and French Delegates agree in re-
commending to their respective Governments the neutralization,
from a Customs point of view, of that portion of the territory
of Pokrah which is comprised between the Ajarra Creek and
the Addo until such time as a definitive Customs Agreement
can be arrived at between the French establishments of Porto
Novo and the Colony of Lagos.
Appointment of Special Boundary Commissioners *
ART. V. The two Governments reserve to themselves the
right of nominating Special Commissioners of Delimitation to
trace upon the spot wherever they may consider it necessary the
line of demarcation between the English and French Posses-
sions, in conformity with the general provisions which are set
forth above.
In witness whereof the undersigned Delegates have drawn
up and signed the present Agreement, subject to the approval
of their respective Governments, t
Done at Paris, in duplicate, the 10th day of August, 1889.
EDWIN H. EGERTON.
AUGUSTUS W. L. HEMMING.
A. NISARD.
JEAN BAYOL.
* See Arrangement, firing Boundary on the Gold Ccast, 12th July,
1893, p. 589.
t See Exchange of Notes, 2nd and !9th November, 1889, p. C68.
563
10 /.H£. ,18s?.1 GffiEAT BRITAIN AND FKAXCE. [No. 110
[Nxth. ar.d f'ou'h of t'ie Gambia.]
ANNEX 1. — French Route of Communication between Mellacoree {or
Melliconrie) and the French Soudan (South of Fouta Djallon).
The line of demarcation laid down in Article II of the
Agreement shall be determined on the spot by English and
French Delegates named for that purpose.
Ifc is understood that these Delegates, keeping in view the
conclusions of the Commission charged with drawing up the
Agreement in question, shall mutually endeavour to find means
of assuring to France a route of communication to the south of
Fouta Djallon between Mellacoree and the French Soudan,
which shall, however, in no way interfere with the possession
by England of the road between Kambia and Falabab, which
shall in principle be identical with the route followed by
Blyden in 1872 to the latter place.
ANNEX 2. — Scnegambia. North of the Gambia. Jinnalc Creek.
Sec. 1. The expression "Jinnak Creek," as a point of
departure of the line of frontier on the north of the Gambia,*
shall mean that point of the continent where the Jinnak flows
into the sea, as shown on the English map numbered 684.
Sec. 2. The expression " the line shall start from Jinnak
Creek and follow the parallel which, traversing the coast at
this point (about 13° 36' north), intersects the Gambia at the
great bend," &c., shall signify that the frontier line shall
follow the parallel from the middle of the channel of the mouth
of the Jinnak (which shall be understood as explained in Sec-
tion 1), till it reaches a point 10 kilom. from the Gambia, as set
forth below (Section 3).
Yarbatenda.
Sec. 3. "From this point the frontier line shall follow the
right bank as far as Yarbatenda,f at a distance of 10 kilom.
from the river," shall signify that from the point where the
parallel of the Jinnak Creek (as set forth above) reaches a
distance of 10 kilom. frori the Gambia, the frontier line shall
* See Art,. I, p. 558.
f See also Section 6, r. 565.
564
No. 110] GREAT BRITAIN AND FRANCE. [10 Aug., 1889.
[South of the Gambia. Sierra Leone.]
be drawn in such a way as always to be at an equal distance of
10 kilom. from tho nearest point of the bank of the river.
South of Gambia.
Sec. 4. "The line, starting from tho mouth of the San
Pedro, shall follow tho left bank as far as 13° 10' of north
latitude." In the event of its being found that neither the
San Pedro nor any of its branches meets tho parallel 13° 10'
of north latitude, the frontier shall follow that parallel from
the shore.
Sec. 5. The expression " as far as Sandeng," shall be con-
sidered as including Sandeng within British territory, and in
the event of this parallel (13° 10' of north latitude) being found
not to touch Vintang Creek, then the frontier line would stop
at the meridian which passes 1 kilom. east of Sandeng, or if the
parallel 13° 10' (north) should be found to meet Vintang
Creek below Sandeng, the expression would be taken to mean
that the frontier should follow the left bank of the Creek from
the point where it is met by the 13° 10' parallel (north) to the
meridian which passes 1 kilom. east of Sandeng.
Yarbatenda.
Sec. 6. " Including Yarbatenda " shall be taken to mean
that the frontier line shall be drawn round and beyond Yarba-'
tenda, at a radius of 10 kilom. from the centre of the town ;
and in the event of its being found that a circle so drawn would
intersect the bend of the river east of Yarbatenda, then the
frontier line, from the point where such circle should be found
to cut the river, would follow the nearest bank till it meets a
fresh intersection of the river (by the circle).
Sec. 7. The English map, " Intelligence Department Map,
684," has been used in defining this part of the frontiers.
Sierra Leone. Mellacoree and Scarcies Rivers.
" In accordance with the provisions of the Treaty of 1882,
(No. 109) the line of demarcation, after having divided the
565
10 Aug., 1889.] GREAT BEITATN AND FRANCE. [No. 110
[Mellicourie and Scarcies Rivers.]
basin of the Mellacoree from that of the Great Scarcies," shall be
taken to mean : in accordance with Article I of the Convention
of 1882,* which says, " The said line of demarcation shall be
drawn in such a manner as to insure to France the complete
control of the Mellacoree River, and to Great Britain the com-
plete control of the Scarcies Rivers. The point and factory of
Mahela, as well as the adjacent water communication, shall
belong to the nation which, by the aforesaid inquiry, their
possession may be found necessary for the control of the
Mellacoree or of the Scarcies Rivers, as the case may be. If the
water communication at Mahela should be found to open into
the Mellacoree as well as into the Scarcies River, the said line of
demarcation shall start on the coast from the centre of the
stream which joins the sea at Mahela, and shall be continued in
such manner as to assign to Great Britain the communication
with the Scarcies River, and to France the communication with
the Mellacoree River."
Sec. 2. The expression " the line of demarcation shall pass
between Bennah and Tambakka " shall be taken literally, in so
far as it is in conformity with the above-mentioned Convention,
in order that the complete control of the Scarcies may be
assured to Great Britain and that of Mellacoree to France.
In the event of Bennah or Bannah being found to extend
into the basin of the Great Scarcies, then this Convention shall
be modified in such a way as to make the right bank of the
Scarcies itself form the boundary at this part of its course.
Sec. 3. The map which has been consulted is " La Carte
des fitablissements Fran£ais du Senegal," byM. MonteiL, 1886. f
* The Convention of 1882 was not ratified, but it has been accepted
by both Powers as a binding arrangement. It was published in the " Journal
Officiel" of 28th March, 1883. See p. 585.
t The full title of this Map is, " Carte des ICtablissements Fra^ais du
Senegal dressee par ordre de M. le Sous-Secretaire d' iStat au Ministere de la
Marine et des Colonies par M. Monteil, Capitaine d'Infanterie de Marine,
Offr. d' Academic, Chef de la Mission Topographique du Haut Senegal
(1884-85), avec la Collaboration de M. Binger, Lieut. d'Infanterie de
Marine d'apres les documents les plus r6cents, les travaux des diverses
Missions Topographiques et ceux de M. Regnaud de Lannoy de Bissy, Chef
de Bataillon du G-enie." — Paris, 1886.
560
No. 110] C.RKAI i:i:ir\ix AND FKANCK. [10 Aug., 1880.
[Approval. West Coast Agreement.]
Gold Coast.* Assinee.
Sec. 1. As far as regards the frontier Hue between the sea
and Tendo Lagoon, the expression " straight " shall be taken to
mean straight towards the true north.
The " map showing the towns and villages visited by the
Assinee Boundary Commissioners iu December, 1883, and
January, 1884," has served for the description of this part of
the frontier as far as Nougoua.
Porto Novo.
Sec. 1. "The meridian which intersects the territory of
Porto Novo at the Ajarra Creek " shall be taken to mean : —
1. (To the north of the Porto Novo Lagoon) the middle of
the stream of the Ajarra or Ajera River to the point where the
said river ceases to separate the Kingdom of Porto Novo from
that of Pokrah, and from thence the meridian thereof as far as
the 9th parallel of north latitude.
2. (To the south of the Porto Novo Lagoon) the meridian
of the middle of the Ajarra Eivcr, where it flows into the Porto
Novo Lagoon.
The frontier line has been based in this Convention upon
the sketch survey of the inland water communication in the
Colony of Lagos, by Harbour-master Speeding, 1886.
* See Arrangement, fixing Boundary on the Gold Coast, 12th July, 1803,
p. 589.
NOV., 1889.3 QKEAT EEITAIN AND FKANCE. [No. Ill
[Approval. West Coast Agreement.]
No. 111. — APPEO VAL of above Agreement ~by British and
French Governments. 2nd — 19tk November, 1889.
(1) The Earl of Lytton to M. Spuller.
Paris, November 2, 1889.
The Undersigned, Her Britannic Majesty's Ambassador
Extraordinary and Plenipotentiary, lias the honour to notify to
the Government of the Eepublic that Her Majesty's Govern-
ment approves the Agreement come to and signed in Paris on
the 10th August last by the Delegates appointed by the Foreign
and Colonial Departments of their respective Governments to
prepare a settlement of the questions at issue on the West
Coast of Africa between the Government of the French Ee-
public and Her Majesty's Government.
While announcing the adhesion of his Government to this
Agreement (of which a copy in English translation is inclosed
herewith), the Undersigned trusts that the Government of the
Republic may think fit also to give their assent to the conclu-
sions come to by their Delegates, and that the same friendly
spirit which has animated the two Governments in initiating
this Agreement may continue to animate the carrying out
thereof by their Eepresentatives on the West African Coast,
and he avails himself of the present opportunity to renew, &c.
LYTTON.
(2) M. Waddington to the Marquis of Salisbury. — (Received
November 21.)
(Translation.)
M. le Marquis, London, November 19, 1889.
ON the occasion of the signature of the Arrangement
respecting the delimitation of the English and French posses-
sions on the West Coast of Africa, it was agreed that the terms
come to by the Delegates of the two countries should be sub-
mitted for the approval of their respective Governments, and
568
No. Ill] GREAT BRITAIN AND Fi: [Nov., 1889-
[Approval. West Coast Agreement.]
that in the event of the latter giving their adhesion, there
should be an exchange of Identic Notes.
Her Britannic Majesty's Ambassador at Paris having in-
foimed M. Spuller that Her Majesty's Government agreed to
the Arrangement in question, I have been instructed by my
Government to make a similar communication to your Lordship
in the name of the Republic.
I have accordingly the honour to inclose to you herewith a
Note addressed to Her Majesty's Government, together with a
copy of the Arrangement alluded to above.
I have, &c.,
WADDINGTON.
(3) M. Waddington to the Marquis of Salisbury.
(Translation.)
London, November 19, 1889.
THE Undersigned, Ambassador to the Fiench Republic, has
the honour to inform the Government of Her Majesty the Queen
of Great Britain and Ireland that the Government of the
French Republic approves the Agreement come to on the 10th
August last by the Foreign and Colonial Departments of their
respective Governments on the West Coast of Africa to prepare
a settlement of the questions at issue between the Governments
of the French Republic and that of the Queen.
In thus communicating the accession of his Government to
the Arrangement in question, of which a copy in French is
inclosed herewith, the Undersigned expresses the hope that Her
Majesty's Government will also see fit to give their assent to
the conclusions come to by their Delegates, and that the same
friendly spirit by \vhich the two Governments have been
animated in everything concerning this Arrangement will con-
tinue to prevail during its execution by their Representatives
on the West Coast of Africa.
The Undersigned, &e.
WADDINGTON.
569
5 Aug., 1890.] GREAT BRITAIN AND FRANCE. [No. 112
[Zanzibar and Fexnba.]
No. 112.— DECLARATION between the British and French
Governments with respect to Zanzibar and Pemba. Signed
at London, 5th August, 1890.*
ao
Modification of Arrangement of 10th March, 1862. French Recog-
nition of British Protectorate over Islands of Zanzibar and
Pemba.
THE Undersigned, duly authorized by Her Britannic
Majesty's Government, declares as follows : —
In conformity with the request which has been made by the
Government of Her Britannic Majesty, the Government of the
French Republic consents to modify the Arrangement of
the 10th March, 1862 (No. 107), in regard to the Sultan of
Zanzibar, and engages, consequently, to recognize the British
Protectorate over the Islands of Zanzibar and Pemba as soon
as they shall have received notification of the same.f
Protection of Missionaries. Religious Liberty. Freedom of
Worship.
In the territories in question, the missionaries of both
countries shall enjoy a complete protection. Religious tolera-
tion, and liberty for all forms of worship and religious training,
shall be guaranteed.
French Rights, 8fc., not to be affected.%
It is understood that the establishment of this Protectorate
will not affect any rights or immunities enjoyed by French
citizens in the territories in question.
SALISBURY.
WADDINGTOK
London, 5th August, 1890.
* See also Declaration of same date respecting Madagascar, next page.
t See Arrangement between Great Britain and Germany of 29th October
— 1st November, 1886, page 613.
J See Brussels Act for Suppression of the Slave Trade, &c., 2nd July,
1830, Art. 96, p. 86.
570
No. 113] <n:i \i BBI1 \IN AND I i:\\< i: ;5Aug.,1890.
[Madagascar. French Sphere of Influence. Saye, on the Niger,
to Barruwa, on Lake Tchad.]
NO. 113.— DECL A RATION letween the British and French
Governments, respect in;/ Mmhigascar and tlie French S/tJtere
of Influence, South of her Mediterranean Possessions, tiiyned
"' London, bth August, 1890.*
(20
British Recognition of French Protectorate over Madagascar.
British Consular Exequaturs.
THE Undersigned, duly authorized by Her Britannic
Majesty's Government, declares as follows : —
1. The Government of Her Britannic Majesty recognizes
the Protectorate of France over the Island of Madagascar, f with
its consequences, especially as regards the exequaturs of British
Consuls and Agents, which must be applied for through the
intermediary of the French Resident General.
»
Missionaries. Religious Liberty, Worship, and Teaching.
In Madagascar the missionaries of both countries shall
enjoy complete protection. Religious toleration, and liberty
for all forms of worship and religious teaching, shall be
guaranteed.
British Rights, 8fc., not to be affected.
It is understood that the establishment of this Protectorate
will not affect any rights or immunities enjoyed by British
subjects in that island. J
* See also Declaration of fame date respecting Zanzibar on previous page,
and note, page 793.
t For Treaty between France and Madagascar of 17th December, 1885,
see Madagascar, page 791.
J See Commercial Treaty between Great Britain and Madagascar, 27th
June, 1865, H. T., xii, 631; "Declaration, 16th February, 1883, H. T., vol. xv,
p. 1029; and Agreement, 25th May, 1883, II. T., vol. xv, p. 1034.
571
5 Aug., 1890.] GREAT BRITAIN AND FRANCE. [No. 113
[Madagascar. Saye, on the Nigrer, to Barruwa, on Lake Tchad.]
British Recognition of French Sphere of Influence South of her
Mediterranean Possessions. Niger Company. Sokoto.
2. The Government of Her Britannic Majesty recognizes
the sphere of influence of France to the south of her Mediter-
ranean Possessions, up to a line from Saye on the Niger, to-
Barruwa on Lake Tchad, drawn in such manner as to com-
prise in the sphere of action of the Niger Company all that
fairly belongs to the Kingdom of Sokoto ; the line to be deter-
mined by the Commissioners to be appointed.
Boundary Commissioners to be appointed.*
The Government of Her Britannic Majesty engages to ap-
point immediately two Commissioners to meet at Paris with
two Commissioners appointed by the Government of the French
Republic, in order to settle the details of the above-mentioned!
line.f But it is expressly understood that, even in case the
labours of these Commissioners should not result in a complete
agreement upon all details of the line, the Agreement between
the two Governments as to the genera] delimitation above set
forth shall, nevertheless, remain binding.
The Commissioners will also be intrusted with the task of
determining the respective spheres of influences of the two
countries in the region which extends to the west and to the
south of the Middle and Upper Niger4
SALISBURY.
WADDINGTON.
London, 5th August, 1890.
* See Agreement, 26th June, 1891, p. 573.
t Approved by the British and French Government, 14th September,
1891.
I See Arrangement, fixing Boundary on the Gold Coast, 12th July,
1893, p. 589.
No.114] I:I:I:\T i;i;i i \i\ \\u ri: VNCK. [26 June, 1891.
[Middle and Upper Niger Districts.]
No.114.— A GREEMENT between, Great Britain and France,
for the Demarcation of Spfares of Influence in Africa
(Middle and Upper Niycr Districts and Gold Coast).
Signed at Paris, 26th June, 1891.*
(Translation.)
THK Undersigned, Plenipotentiaries charged in execution of
the Declarations exchanged at London on the 5th August, 1890
(No. 112), between Her Britannic Majesty's Government and
the Government of the French Republic to proceed to the lay-
ing down a line to delimit the respective spheres of interest of
the two countries in the districts south and west of the Middle
and Upper Niger, have agreed as follows : —
Middle and Upper Niger.^
The Technical Commissioners, who are to be appointed by
the English and French Governments In accordance with
Article II of the Arrangement of the 10th August, 1889
(No. 110), for the purpose of defining the two spheres, shall, as
far as possible, follow, as laid down in the said Arrangement,
the line of the meridian 13 west of Paris, J starting from the
10th degree of latitude and going southward. In laying down
the frontier in general accordance with this meridian, they shall
be authorized, if they so agree to take into consideration the
nature of the ground and local circumstances, and to deflect the
line of demarcation to east or west of the meridian, taking care
not to give any advantage to one without allowing equitable
compensation to the other. These modifications shall not, how-
ever, be considered as definite till they have been ratified by
the two Governments.
It is agreed that the frontier-line shall, as much as possible,
follow the west of the heights which, according to M. Monteil's
map,§ border the left bank of the Niger, between the 10th degree
and Tembe Counda.
* Approved by the British and French Governments, 14th September, 1891.
t Surveyed by British Delimitation Commission, 1891-92 ; but the
Boundary has not yet been defined (June, 1894).
J 10° 40' meridian west of Greenwich.
§ See note, p. 5£0.
573
26 June, 1891.] GEEAT BRITAIN AKD FEANCE. [No. 114
[Gold Coast.]
In case, however, the watershed shall not be such as is
shown on M. Monteil's map, the Commissioners of the two
countries may trace the frontier without regard to it, on the
express understanding that both banks of the Niger shall
remain in the sphere of French influence.
By the term Niger is understood the Djalibi, and. its two
principal headstreains, the Fatiko and the Tembe. In the
afore-mentioned case the frontier line from the 10th degree to
Tembe Counda shall follow at a distance of 10 kilom. the left
bank of the Djalibi, the Fatiko, and finally of the Tembe, if
necessary, up to its source.
In case the mountain ridge shall be found to be nearer the
left bank of the Niger, the frontier shall follow the line of the
watershed.
Gold Coast.*
The Technical Commissioners who are nominated by the
two Governments in accordance with Article III of the Agree-
ment of the 10th August, 1889 (No. 110), shall be instructed
to trace the frontier in accordance with the following indica-
tions taken from M. Binger's mapf : —
The line would follow the frontier of Nougoua on the Tanoe,
between Sanwi and Broussa, Indenie, and Sahue, leaving
Broussa, Aowin, and Sahue to England ; the frontier would
then intersect the road from Annibilekrou to Cape Coast
Castle, midway between Debison and Atiebendekrou, and follow
the direct road from Annibilekrou to Bondoukou, by Bodomfil
and Dadiasi, at a distance of 10 kilom. to the eastward. It
would then pass Bonko, so as to strike the Volta at the spot
where that river is intersected by the road from Bandagadi to
Kirhindi, and would follow the river as far as the 9th degree of
north latitude. , *
EDWIN HENRY EGERTON.
JOSEPH ARCHER CROWE.
GABRIEL HANOTAUX.
JACQUES HAUSSMANN.
* See Boundary Arrangement, 12th July, 1893, p. 589.
t See note, p. 590.
574
Ifo. 115] GREAT BRITAIN AND FRANCE. [1891—1892.
[Ivory Coast.]
No. \15.— EXCHANGE OF NOTES Mtoeen the British and
,n-/i (ntrrrii mi aft, !•(</>••<•/ in// tl/> E, f,'/ision of French
Terrifui-ji i, ii tin' Irory Coast to the Frontier of Liberia.
1891—1892.*
Baron d ' Estournelles to the Marquis of Salisbury.
(Translation.)
My Lord, London, 26th October, 1891.
I AM directed by the Minister for Foreign Affairs to inform
Her Majesty's Government that, in accordance with various
Treaties, most of which confirm previous Treaties! concluded
with the Chiefs of the Ivory Coast, all that portion of the coast
comprised between Lahou and the Cavally River is placed under
the sovereignty or protectorate of France.
I have therefore the honour, in accordance with Article
XXXIV of the General Act of the Berlin Conference (No. 17),
to notify to your Lordship the Treaties in question,f which have
been ratified by a Decree of the President of the Republic of
the 3rd August last, and which are as follows : —
1. Treaty concluded with Coki, King of the territories of
Middle Lahou, 30th August, 1890.
2. Treaty concluded with Yere, King of Fresco, 31st August,
1890.
3. Treaty concluded with Akla, King of Great Drewin, 25th
October, 1890.
4. Treaty concluded with Gra, King of Little Lahou, 5th
April, 1891.
5. Treaty concluded with Loffce, King of Kotron, 12th
April, 1891.
6. Treaty concluded with Levis, King of Great Trepon or
Trepoint, IGth April, 1891.
7. Treaty concluded with Toco, King of Trepon, 16th April,
1891.
* Laid before Parliament in " Africa, No. 7 (1892)." Sco also Arrange-
ment between France and Liberia, 8th December, 1892, p. 783.
t France concluded various Treaties with the Chiefs on the Irory Coast
between 1787 and 1868.
575 2 s
1891— 18S2.] GREAT BRITAIN AND FEANCE. [No. 115
[Ivory Coast.]
8. Treaty concluded with the Kings of Great and Little
Drewin, Dateko, and Bassa and Akla and Kage, 21st April, 1891.
9. Treaty concluded with. Buggery, King of Sassandra
(Saint- Andre), 22nd April, 1891.
10. Treaty concluded with Mani, King of the country
between the Cavally and San Pedro Rivers, 24th April, 1891.
11. Treaty concluded with Kougoua, King of San Pedro,
27th May, 1891.
I have, &c.,
D'ESTOURNELLES DE CONSTANT.
The Marquis of Salisbury to M. Waddington.
M. 1'Ambassadeur, Foreign Office, 10th December, 1891.
I HAVE the honour to acknowledge the receipt of the note
of the 26th October from. Baron d'Estournelles, stating that he
was instructed by the Government of the Republic to notify to
Her Majesty's Government that France has assumed the
sovereignty or protectorate over that portion of the Ivory
•Coast lying between Lahou and the River Cavally.
I observe that this notification is made in accordance with
the provisions of the XXXI Vth Article of the Act of Berlin
(No. 17), in order to enable Her Majesty's Government to
prefer, if thoy should be in a position to do so, antecedent
claims on behalf of Great Britain. I have to state that Her
Majesty's Government have no objection to offer to the notifica-
tion on this ground.
I have, &c.,
SALISBURY.
The Marquis of Salisbury to Mr. Egerton.
Sir, Foreign Office, 10th December, 1891.
I INCLOSE herewith copy of a note, dated the 26th October,
in which Baron d'Estournelles notified, in accordance with the
XXXIVth Article of the Berlin Act (No. 17), the assumption
576
No. 115J < : IlEAl BRITAIN AND FRANCE. [1891-1892.
[Ivory Coast.]
by Franco of sovereignty or protectorate over the portion of tho
Ivory Coast lying between Lahou and the Cavally River.*
Copy of my reply is also inclosed. t
I should wish you to explain to M. Ribot that, as the notifi-
cation was made in compliance with the Article cited above, the
answer has been framed within the limits of the terms of that
Article ; but that Her Majesty's Government do not, in so reply-
ing, intend to prejudice the controversy respecting the territory
between the San Pedro and the Cavally Rivers, understood to
be claimed by the Republic of Liberia, which was not a party
to the Act of Berlin (No. 17).
I have also to request you to state that Her Majesty's
Government would be glad to receive an explicit assurance
that the territory now annexed will be subject to the engage-
ments as to Tariff contracted in the Illrd Article of the
Anglo-French Agreement of the 10th August, 1889 (No. 110),
as regards the French possessions on the Gold Coast.
I am, &c.,
SALISBURY.
M. Waddington to the Marquis of Salisbury.
(Translation.)
My Lord, London, 30th December, 1891.
I HAVE the honour to inform your Lordship that new
Treaties of Protectorate have been recently concluded by the
Representatives of the Government of the Republic with various
Chiefs of the Ivory Coast.
I have therefore the honour, in accordance with Article
XXXIV of the General Act of the Berlin Conference (No. 17),
to notify to your Lordship the Treaties in question which have
been ratified by a Decree of the President of the Republic of
the 6th September, 1891, and which are as follows : —
1. Treaty concluded with Yacabi, King of Little Drowin,
25th April, 1891.
* See page 575. t Seo page 576.
577 2 s 2
1891—1892.] GKREAT BRITAIN AND FRANCE. [No. 115"
[Ivory Coast.]
2. Treaty concluded -with Same, King of Roctown, 26th
April, 1891.
3. Treaty concluded with Traga, King of Victory and of
the villages of Bokiou Douaoude and Dezah, 27th April, 1893 .
4. Treaty concluded with James or Djemma, King of Vic-
tory (a village of Woumery), 27th April, 1891.
5. Treaty concluded with the Chiefs Wobery and Meat Bati,
of the villages of Douaoude and Bokiou, 28th April, 1891.
6. Treaty concluded with Blabelay, King of the village of
Cavally (left bank), called Blierow, 5th May, 1891.
7. Treaty concluded with Hyie, King of Great Basha (a
village of Boutle), 7th May, 1891.
8. Treaty concluded with Boba, King of "Wappoo, 7th May,
1891.
9. Treaty concluded with Tagui and Guie, Kings of Tahou,
9th May, 1891.
I have, &c.,
WADDINGTON,
Mr. Egerton to the Marquis of Salisbury.
My Lord, Paris, 6th January, 1892.
ON receipt of your Lordship's despatch of the 10th December'
last, I mentioned both to M. Ribot and M. Hanotaux that Her
Majesty's Government has answered the French notification of
the assumption of protectorate over the Ivory Coast between
Lahou and the Cavally, within the limits of the terms of the-
XXXI Vth Article of the Berlin Act (No 17), and without
prejmdging thg controversy with the Republic of Liberia re-
specting the territory between the San Pedro and Cavally
Rivers.
This they understood, but M. Hanotaux told me that he had
to refer to the Colonial Department for the assurance asked for
in your Lordship's despatch, that the territory annexed would
be subject to the engagements as to Tariff at Assinie contracted'
in the Illrd Article of the Anglo-French Agreement of August,
578
No. 115] GREAT BRIT UN \\D FRANCE. [1891—1892.
[Ivory Coaat.]
1889 (No. 110). Ho assumed, as a matter of course, that there
would not bo two Tariffs in the French Ivory Coast establish-
ments, and would, after reference, inform me.
He to-day told mo that ho had now learnt from the Colonial
Department that the whole question of Tariff for the Ivory
•Coast, that is to say, from Assinie to the Cavally, was not defi-
nitely settled : but where the Custom-houses are established
the rates are the same.
I have, &c.,
EDWIN H. EGERTON.
The Marquis of Salisbury to Baron d1 Estournelles.
M. le Charge d' Affaires, Foreign Office, llth January, 1892.
I HAVE the honour to acknowledge, with thanks, the receipt
of your note of the 30th ultimo, notifying, in accordance with
the XXXIVth Article of the Act of Berlin (No. 17), the con-
clusion of further Treaties by the Representatives of the
Government of the Republic with various native Chiefs on the
Ivory Coast.
I have to state that Her Majesty's Government have no
objection to offer to the notification on the ground of antecedent
claims by Great Britain.
I have, &c.,
SALISBURY.
Tlie Marquis of Salisbury to Mr. Egerton.
*Sir, Foreign Office, ll/7i January, 1892.
WITH reference to my despatch of the 10th ultimo, I enclose
herewith copy of a note from M. "Waddington,* notifying, in
accordance with the XXXIVth Article of the Berlin Act
{No. 17), the conclusion by France of further Treaties with
• Se« page 676.
579
1891—1892,] GEBAT BRITAIN AND FRANCE. [No. 115
[Ivory Coast.]
various native Chiefs on the Ivory Coast. Copy of my reply is
also enclosed.*
I should wish you to explain to M. Ribot, as in the case of
the previous notification respecting which I wrote to you on
the 10th ultimo, that as the notification was made in com-
pliance with the Article above cited, the answer has been
framed within the limits of the terms of that Article ; but that
Her Majesty's Government do not intend by their acknowledg-
ment to prejudice the question of the claim of Liberia to the
territory between the San Pedro and the Cavally Rivers.
I have, &c.,
SALISBURY,
The Marquis of Dufferin to the Marquis of Salisbury.
My Lord, Paris, 30th April, 1892.
I HAVE the honour to inclose copy of a note from M. Ribot,
from which your Lordship will observe that to the west of
Grand Lahou, consumption taxes assimilated to those levied
between Assinie and Lahou have been established by a notifi-
cation of the Governor of French Guinea, dated the 8th March
last.
I have, &c.,
DUFFERIN AND AVA.
(Inclosure.)
M. Hibot to the Marquis of Dufferin.
(Translation.) London, 28th April, 1892.
THE Minister far Foreign Affairs did not fail to inform the
Under- Secretary of State for the Colonies of the desire enter-
tained by Her Majesty's Government to obtain exact informa-
tion with regard to the customs system at present in force in
such French establishments as are situated between Assinie
and the Liberian frontier.
* See page 579.
580
No. 115] GREAT BRITAIN AND F! 1891 1892.
[Ivory Coast.]
From the particulars supplied by M. Jamais, it appears that
the Tariff fixed by the Decree of tin; :!nl S r, 1889, is
still applicable between Assinie ami < i .cut Lahou. In regard i»
the region to the west of that place, a Notice issued on the
8th March last by the Governor of French Guinea established
consumption taxes (" droits do consommation "), equal in rate
to those levied between Lahou and Assinio and imposed on
similar products, either native produce or the product of local
industries or introduced from abroad.
M. Ribot loses no time in bringing these facts to the know~
ledge of his Excellency the English Ambassador, &c.
Paris, 28th April, 1892.
581
1885—1893.] GEEAT BRITAIN AND FEANCE. [No. 116
[Boundary Arrangements.]
No. 116. — NOTES on British and French Boundary Arrange-
ments in West Africa. 1885 — 1893.
The following extracts are given from a despatch addressed
by tlie Marquis of Salisbury to the Marquis of Duffcrin, on
the 30th March, 1892, relative to the Treaty arrangements
made between Great Britain and France respecting West
Africa* : —
" A glance at a map shows the relative position of the pos-
sessions of the two countries on the coast. In the north-west
those of France preponderate. French possessions, including
the Colony of Senegambia and the Rivieres du Sud, extending
northward nearly to Cape Blanco, stretch southward to the
frontier of Sierra Leone, thus covering about 12 degrees of
latitude — their continuity being interrupted only by the British
Gambia Colony, which is confined to the districts immediately
bordering on that river, and by the Portuguese possessions to
the south of the Gambia. Besides the Gambia territory, Great
Britain possesses only in this quarter that of Sierra Leone — a
Colony to which high value is attached, but which has a coast-
line inconsiderable when compared with that of France. It
covers rather more than 1 degree of latitude.
" On the Gulf of Guinea, after the intervening Republic of
Liberia is passed, the relative position of the two countries is
reversed. The French flag is first met, as the old Colony of
Assinie has lately been extended so as to be conterminous with
Liberia.f But from the eastern frontier of Assinie no French
coast-line is found except the small districts connected with
Aghwey and Grand Popo to the west, and with Porto Novo to
the east, of Dahomey ; whereas Great Britain holds the
thriving Colonies of the Gold Coast and Lagos, and from
the borders of the latter exercises protectorate over the mouths
of the Niger and the adjacent territory as far as the German
Protectorate of the Cameroons.
* Laid before Parliament, in " Africa No. 7 (1892)."
t See Arrangement between France and Liberia of 8th December, 1892,
p. 783.
No. 116] GEEAT BRIT \ I \ AM" IK A N< 'K. [1885-1893.
[Boundary Arrangements.]
" One feature was, originally, common to all these po.-
sions : their frontiers were open in the rear. In most <
also, their boundaries were ill-del'mcd when- Ilicv \\rn- con-
terminous, owing to the want of correct surveys, to defect i\e
Jind disputed titles, and to conflicting tribal claims.
" The colonial policy of Great Britain and 1-Yance in West
Africa lias IHTH widely different. l-Yanc.-, fnun her basis on
the Senegal coast, has pursued steadily the aim of establishing
herself on the Upper Niger and its affluents. This object she
has attained by a large and constant expenditure, and by a suc-
cession of military expeditions. She has overcome by arms the
Almamy Ahmadoo, who ruled to the north of the river, and
has connected his territories with the coast by a chain of
military posts. She is now at war with the Almamy Samudu,
or Samory, who lays claim to vast regions in the interior on the
southern affluents of the river, extending southward to the
frontiers of Liberia, eastward to the territory of his enemy
Tieba, and westward to the confines of the Rivieres du Sud and
Sierra Leone. Great Britain, on 'the other hand, has adopted
the policy of advance by commercial enterprise. She has not
attempted to compete with the military operations of her
neighbour.
" If the policy enjoined by Government and Parliament
twenty-Sve years ago had been obejed, no addition whatever
•would have been made to the strips of territory then possessed
by Great Britain upon the West African Coast. In 1865 a
strong Committee of the House of Commons investigated the
subject, and came unanimously to the following Resolution : —
" ' That all further extension of territory or assumption of
•Government, or new Treaties offering any protection to native
tribes, would be inexpedient ; and that the object of our policy
should be to encourage in the natives the exercise of those
qualities which may render it possible for us more and more to
transfer to them the administration of all the Governments,
with a view to our ultimate withdrawal from all, except prob-
ably Sierra Leone.' Among the members of the Committee
who concurred in this .Resolution were M". Cardwell, Mr.
•Chichester Fortescue, Lord Stanley, Mr Adderley, and Mr. W.
583
1885—1893.] GREAT BRITAIN AND FRANCE. [No. 116
[Boundary Arrangements.]
E. Forster. Under the guidance of the policy thus laid down,
the Imperial Government for a long period made no effort to
check the advances accomplished by France, at the cost of
much treasure and many lives, in the interior of the country
around the head-waters of the Niger, which rises at the back of
Sierra Leone ; or to anticipate her in concluding Treaties of
Protection with the native Chiefs.
" The Colonies of the Gambia and Sierra Leone, with
limited revenues barely sufficing for their administrative ex-
penditure, would have been iinable to bear any strain in the
direction of military expenditure, and the sanction of Parlia-
ment was not to be expected for the employment of Imperial
resources adequate for the purpose. The punitive expedition
to Ashanti of 1873, necessary for the protection of the Gold
Coast Colony, has been the sole exception to this pacific policy.
Nevertheless, as the upshot of it, the British Government have
made substantial progress. While guarding the stability of the
old Colonies they have added to them the whole territory of the
Oil Rivers, where, by breaking down the restrictive system of
the native middlemen, they have given an important impulse to
trade, which i-} evidenced by the growing interest of the
Chambers of Commerce ; and the spirit and energy of the
Royal Niger Company have, without the expenditure of
Imperial funds, or the sacrifice of the life of a single British
soldier, placed under the protection of the Crown, the whole of
the Lower, a great portion of the Central, Niger, and its
affluent, the Benue, up to Yola.* The Company has concluded
treaties with the powerful Sultan of Sokoto, and with the
Sultan of Gandu, whose power extends over vast territories on
both sides of the Niger. On the rivers an effective administra-
tion has been established, and security is maintained by patrol-
ling steamers and police.
" In 1885 the two Powers undertook engagements under the
Act of Berlin (No. 17) as having, respectively, control over the
Lower and Upper Niger.
" As far back as 1868 frontier difficulties were developing :
* See Agreements, Great Britain and Germany, 27th July — 2nd August,
1886, p. 612, and 15th November, 1893, p. 658.
584
No. 116 J ORKAT BRIT \ I v \ M) FRANCE. [1885-1893.
LBoundary Arrangement*.]
these, however, affected the coast districts al<me; (ho two
countries \\cro not in contact in tin- remote interior.
'• In 1870 negotiations were opened for the settlement of the
respective positions of the two countries in Western Africa, on
the basis of a mutual exchange of territories, the principle
being that French influence and authority should be confined
to the north of a certain line, while Great Britain should have
a free hand to the south of the same line. The negotiations
were suspended by the outbreak of the Franco-German war,
but they were renewed in 1876. Definite proposals were at
that time formulated, by which the Gambia was to be ex-
changed for all posts held by France between the Rio Pongas
and the Gaboon. This would have been a comprehensive and
intelligible arrangement, but so strong a feeling of opposition to
any cession of liritish territory was manifested in Parliament,
and by various mercantile bodies, that the Government of the
day was unable to press the scheme.
" The difficulties continued and became so acute that it was
felt to be necessary to make an effort to compose them.
Accordingly, in 1881, Commissioners were appointed on both
sides, who met at Paris to arrange the questions at issue.
" From that date various Agreements have been signed,
dated the 28th June, 1882 (No. 109), 10th August, 1889'
(No. 110), 5th August, 1890 (No. 113), and 26th June, 1891
(No. 114).
* * * * •
" The objects of the Convention of 1882, as regards demar-
cation, were limited. They were confined to the endeavour to
settle differences within the drainage area of rivers running
down to the coast to the north of Sierra Leone, by mutual
concessions in regard to rival claims. The result was an
arrangement, the effect of which was to insure to England the
complete control of the Scarcies, and to France that of the
Mellicourie, River.
" The Convention was subject to ratification. This con-
dition was not satisfied owing to the hesitation of the French
Chambers, the Committee of the Chamber of Deputies being
doubtful whether French interests had been adequately secured.
585
1885-1893.] GREAT BRITAIN AND FRANCE. [No. 116
[Boundary Arrangements.]
The respective Governments, however, accepted it, after signa-
ture, as a completed arrangement, and its stipulations were
thenceforth observed on both sides. By this course conflicts,
which would otherwise have arisen, W3re, no doubt, avoided.
" In 1888 it became evident that the Arrangement of 1882
{No. 109) was insufficient, and negotiations were commenced
which resulted in the Agreement of August, 1889 (No. 110).
By this Agreement boundaries were settled, and disputed points
arranged affecting the Gambia, Sierra Leone, the Gold Coast,
and Lagos, the settlement being based on mutual concessions.
Provision was made for the appointment of Special Commis-
fiions to trace on the spot the boundaries which had been gener-
ally defined. A similar provision contained in the 1882 Con-
vention had not hitherto been acted on.
" This Agreement made a new departure in attempting also
to close, at one point, an interior frontier. The position of
Sierra Leone had become precarious. The great Mussulman
Chief Saraadci had, in 1883, and subsequently, raided close up
to its frontiers, depopulating large districts, and carrying off
immense numbers of slaves. Major Festing, sent to visit him
in 1888, found the ground strewed with human remains, and
the country completely devastated. This Chief has for some
time back been in close relation with the French, so far as such
a relation can bs insured by treaties. In March, 1886 he placed
his territories under the Protectorate of the French Government
(No. 74), and he renewed that engagement by further treaties
in 1887 (23rd March) (No. 74) and 1889 (21st February)
(No. 74). His failure to observe these treaties is understood
to be the cause of the war with France in which he is now
(March, 1892) engaged. Her Majesty's Government, impressed
by the danger to Sierra Leone, recognised the necessity of pre-
serving to the Colony a sufficient outwork against aggression,
and, by the Agreement (No. 110), it was stipulated that Franco,
whose Treaty gave her the right to stipulate on behalf of
Samadu, should acknowledge as within the British sphere the
Provinces of Soulimanieh and Falaba, claimed by him as a
dependency, but held by Her Majesty's Government to be
independent.
586
No. 116] GREAT BRITAIN AND FRANCE. [1885-1893.
[Boundary Arrangements.]
" In 1890 a further important step was taken as regards
internal delimitation. The French Government, noting that
the progress of the two countries on the Upper and Lower
Niger must, if unchecked, lead to conflicting claims, suggested
that a point should be agreed on beyond which neither should pass.
Thus was effected by the 2nd Article of the Declaration of 1890
(No. 113), which also laid down a basis for subsequent negotia-
tions for the demarcation of spheres in the region which extends
to the west and to the south of the Middle and Upper Niger.
" At the same time it was clear to the two Governments that
the Agreement of 1889 (No. 110) was inadequate in view of the
possibility of collision from the activity of their agents in the
interior, leading to difficulties as to the security of trade routes
to the coast. The line of the Agreement had stopped, behind
Sierra Leone, at the junction of the 10th degree of latitude with
the 13th degree of longitude west of Paris.* Below this lay the
Province of Kouranko, claimed, as was Soulimanieh, by Samadu,
but likewise declared by Her Majesty's Government to be in-
dependent. This province was, by the Agreement of 1891
(No. 114), placed within the British sphere, and the closing up
of the interior frontier was completed. By the same Agreement
a line was drawn inwards from the Gold Coast, separating the
spheres of the action of the two countries up to the 9th degree
of latitude, the frontier being so placed as to leave Gaman, with
•which country France had Treaty relations, on the French side,
and to place on the British side the region connected with
Ashanti.
" Since the conclusion of this last Agreement the Boundary
Commissions have been set to work in the Gold Coast and
Sierra Leone districts."
* After the above despatch was written an Arrangement was signed
between Great Britain and France, at Paris, on the 12th July, 1893, fixing
the boundary between the British and French Possessions on the Gold Coast.
See p. 589.
587
8 May, 1893.] GREAT BRITAIN AND FRANCE. [No. 117
[Panchang1 and Niambuntang- (Gambia).]
No. 117. — REPORT of British and French Boundary Com-
missioners as to the position of Panchang and Niambuntany
(Gambia). 8th May, 1893.
English Version.
Niambuntany, 8th May, 1893.
POSITIONS were ascertained by chaining and checked by
astronomical observations.
Panchang is 1O543 k. from the nearest point on the River
Gambia, north of Deer Island.
Niambuntang is 7'840 k. from the nearest ascertained point
on the River Gambia, north of Deer Island.
E. LEWIS LANG,
Lieutenant and Commander.
French Version.
Niani Bantang, le Mai 8, 1893.
LES positions ont etc determinees en chainant et controlees
par des observations astronomiques.
Pantiang est a 10,543 metres du point le plus rapproche de
la Gainbie, au nord de 1'Ile des Biches.
Niani Bantang est a 7,840 metres du point le plus rapproche
pris sur la Gambie, au nord de 1'Ile des Biches.
MORIN,
Lieutenant de Vaisseau.
C. ALLEYS,
Administrator, Saloum.
LIEUT. JARTY,
Commandant Cercle Nioro.
583
Map showing boundary between
BRITISH 6. FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART I.
ivia.
BOUNDA
BRITISH AND FRENCH POS
12$
5*30'
Ce£tc Cart&,Yisee, dans le,
ebu, IZjuiRet 1893, et szzr io^eZZe- i«, frontier
d&s Commies CULT&S ,
SccuEa-: 792)000 or- 1 Inch.-12-5 Stat Miles
10 5 0 10 20 MILES.
ETWEEN
SIGNS ON THE GOLD COAST.
1893.
PART T.
735f""""
M
Map showing boundary between
BRITISH & FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART I.
Map showing boundary between
BRITISH & FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART n.
60'
BOUNDA'
BRITISH AND FRENCH POS
5° 30'
,T W E E N
IONS ON THE GOLD COAST.
593.
PART II.
M
S'C'
\Ot£SSO
+ 30'
75Z,'606 or 1 Inch - 12 • 5 Stat .Mile s
10
20 MILES
n,
toils
\ y
V
OJ VUTVibo
nta.
yfc
Amya,},
~Y
-0'
Map showing boundary between
BRITISH & FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART II.
Map showing boundary between
BRITISH A. FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART HI.
6*0'
Map
BOUNDAP
BRITISH AND FRENCH POSf
5° 30'
5*30'
:T WEEN
,IONS ON THE GOLD COAST.
893.
PART III.
M
+'30'
B O U AV L
\ t
Bouale ou. Bole
ft
/ >
/U N A
r
-O-
3ouna. ou Bona
Map showing boundary between
BRITISH & FRENCH POSSESSIONS ON THE
GOLD COAST
12th July, 1893.
PART III.
No. 118 i GREAT BRITAIN AND FRANCE. [12 July, 1893.
[Gold Coast.]
No. \\S.—A]iRAN(!EMJ<L\i • ,i Great ///•//« /,4 and
l-'/-«iici\ji.'iiiij t/tc Boundary between ///>' Jlritixli « ml French
PoSMMto . "it tli'- <!<>lil ('oast. Kiijin-il ill. Paris, 12//> Ji>///,
1893*
THE Special Commissioners nominated by the Governments
of Great Britain and France, in accordance with Article V of
the Agreement of the 10th August, 1889 (No. 110), having
failed to trace a line of demarcation between the territories of
the two Powers on the Gold Coast, in conformity with the
general provisions of Article III of the said Agreement, and
with the indications of the concluding paragraph of the Agree-
ment of the 26th June, 1891 (No. 114), the undersigned
Plenipotentiaries, charged in execution of the declarations ex-
changed at London on the 5th August, 1890 (No. 113), between
Her Britannic Majesty's Government and the Government of
the French Republic, to proceed to delimit the respective
spheres of interest of the two countries in the districts south
and west of the Middle and Upper Niger, have agreed to fix on
the following conditions the line of demarcation between the
French and British Possessions on the Gold Coast : —
British Frontier.
1. The British frontier starts from the sea-coast at New-
town, at a distance of 1,000 metres to the west of the house
occupied in 1884 by the British Commissioners, thence goes
true north to the Tanoe or Tendo Lagoon, follows the south
bank of that lagoon to the month of the River Tanoe or Tendo
(of the four islands near that mouth the two to the south being
assigned to Great Britain, and the two to the north to France).
The British frontier thence runs along the left bank of the
Tanoe or Tendo River as far as the village of Nougoua, which,
being on its right bank, Great Britain consents to recognize
as belonging to France.
* Par. Paper, " Treaty Series, No. 13 (1893)." See Maps facing p. 592.
589
12 July, 1893.] GEEAT BRITAIN AND FRANCE. [No. US
[Gold Coast.]
French Frontier.
2. The French frontier starts similarly from the sea-coast at
Newtown, at a distance of 1,000 metres to the west of the house
occupied in 1884 by the British Commissioners. It thence
goes true north to the Tanoe or Tendo Lagoon, and crossing
that lUgoon, follows its north bank and the north and east
banks of the Ehi Lagoon to the mouth of the Tanoe or Tendo-
River, and continues along the right bank to the village of
Nongoua.
British Frontier continued.
Thence the British frontier continues to follow the left
bank of the Tanoe or Tendo River for a distance of 5 English
miles above the present residence of the Chief in the village of
N"ougoua. At the 5-raile point it crosses the river and becomes-
the common frontier indicated below.
French Frontier continued.
The French frontier follows similarly for a distance of 5-
miles above Nougoua the right bank of the Tanoe or Tendo
until it joins the British frontier.
Common Frontier.
4. The common frontier then leaves the River lanoe and
strikes northward to the centre of Ferra-ferrako Hill. Thence
passing 2 miles to the eastward of the villages of Assikasso,.
Sankaina, Asambosua, and Akuakru, it runs 2 miles to the
eastward of the road leading from Suakru to the Boi River,,
reaching that river 2 miles to the south-eastward of Bamianko,
which village belongs to France. Thence it follows the thalweg-
of the Boi River and the line traced by Captain Binger* (as.
marked on the annexed map), leaving Edubi with territory
extending 1 mile to the north of it to France, until it reaches a
* Title of Map. " Carte du Haufc-Niger au Golfe de Guinee par le pays
de Kong et le Mossi, levee et dressee de 1887 a 1889, par L. G. Binger,.
Capitaine d'Infanterie de Marine, par ordre de M. Etienne, Sous-Secretair&
d'Etat des Colonies."
590
No.118] GRK\i BRITAIN \M»HlANOE. [ 12 July, 1893.
[Gold Coast.]
point 10,000 metres due east of Yau. Thence it coincides \\ilh
the line traced by Captain Hinder (as marked on tho annexed
map) to a point 1,000 metres to tho south of Aburnfurassi,
which village belongs t <> Kraiiec. Tlienec it rims 10 kilom. to
t lie west ward of the direct road from A nnibilekron to Bondoiikon
by BodoniHl and Dadiassi, passes midway between Buko and
Adjemrah, runs 10 kilom. to the eastward of tho road to Bon-
doukou via Sorobango, Tambi, Takhari, and Bandagadi, ami
reaches the Volta at the spot where that river is intersected by
the road from Bandagadi to Kirhindi. Thence it follows the
thalweg of tho Volta to its intersection by the 9th degree of
north latitude.
Right of Fishing in the Tanoe or Tendo River.
5. It is agreed that the inhabitants of French villages who,
previously to the conclusion of this Agreement, enjoyed tho
right of fishing on tho Tanoe or Tendo River, shall continue to
enjoy that right subject to local Regulations.
6. The boundary detailed in this Agreement is marked on
the map which is annexed hereto.
7. This Agreement is regarded by the two Governments as
completing and interpreting Section 1 of Article III of the Agree-
ment of the 10th August, 1889 (No. 110), which concerns the
delimitation of the British and French Possessions on the Gold
Coast, and the concluding paragraph of the Agreement of the
26th June, 1891 (No. 114).
Paris, July 12, 1893.
Le texte Anglais ci-dessus cst conforme au texte Francais
original.
Les Commissaires Britanniques,
E. C. H. PHIPPS.
J. A. CROWE.
Lcs Ccmmissaires Francais,
GABRIEL HANOTAUX.
J. HAUSMANN.
591
GREAT BRITAIN
GERMANY.
AND
2 T 2
GREAT BRITAIN AND GERMANY.*
LIST OF TREATIES, &c.
No.
119 29 April — 16 June, Arrangement . ,
1885.
120 9 June, 1886 Proces-Verbal. ,
121 15 July, 1886 .... Protocol
122 27 July — 2 Aug., Supplementary
1886. Arrangement
123 29 Oct. — 1 Nov., Agreement
1886.
124 4 Dec., 1886 Adhesion
Page
Great Britain and Germany.
Spheres of Action. Gulf of
Guinea. Eio del Rey. Came-
rocns. Atubas Bay. St.
Lucia Bay, &c 690
Great Britain, France, and
Germany. Maritime, Lit-
tora1, and Continental Pos-
sessions of S ultan of Zanzibar 605
British Claims in German Pro-
tectorates in South - West
Africa. Penguin Islands,
&c 608
Great Britain and Germany.
Spheres of Action. Gulf of
Guinea. Hirer Benue. Yola.
(See also Agreement, 15th
November, 1893) 612
Great Britain and Germany.
Recognition of Sultan of
Zanzibar's Sovereignty over
Islands and Territories on
East African Mainland.
Spheres of Influence. Ad-
hesion of Germany to De-
claration between Great
Britain and France of 10th
March, 1862 615
Sultan of Zanzibar to Agree-
ment between Great Britain
and Germany of 29th Octo-
ber—1st November, 1886.
Possessions of Sultan of
Zanzibar . 622
* See also GERMANY.
593
GREAT BRITAIN AND GERMANY.
[List of Treaties, &c.]
No.
— 3-4 Dec., 1886
125 March, 1887
126 July, 1887..
127 Dec., 1887. . ,
Agreement ....
Agreement. . . .
Agreement
Joint Recom-
mendations
128 17 Aug., 1889 .... Award.
— 22 Oct., 1889.
14 June, 1890
Notification . ,
Provisional
Agreement
129 1 July, 1890 Agreement . .
— 4 Nov, 1890
— 19 ]STov., 1.890
Notification..
Notification..
— 1884—1890
Notes .
— 1884—1890 Notes ......
594
Page
Great Britain and Zanzibar.
Territorial and Insular
Limits. (See Great Britain
and Zanzibar.)
Establishment of Trading Sta-
tions within Spheres of In-
fluence in East Africa 623
Discouragement of Annexa-
tions in rear of Spheres of
Influence in East Africa . . . 625
British and German Commis'
sioners. Spheres of Influ-
ence, Interior of Gold Coast.
Togoland, Volta 628
Belgium. Difference between
British East Africa Company
and German Witu Company.
Farming of Customs and ad-
ministration of Island of
Larnu 630
German Protectorate over
Witu, from Northern Fron-
tier of Witu to Southern
Frontier of Kismayu. (See
Germany.)
Great Britain and Zanzibar.
British Protectorate. (See
Great Britain and Zanzi-
bar.)
Great Britain and Germany.
Spheres of Influence. East,
West, and South - West
Africa. 642
British Protectorate over Zanzi-
bar. (See Great Britain and
Zanzibar.)
British Protectorate over
Witu, Patta, Manda, &c.
(See Great Britain (Africa,
East Coast).)
On German Protectorates on
West Coast of Africa. (See
Germany.)
On German Protectorates in
East Africa. (See Ger-
many.)
GREAT BRITAIN AND GERMANY.
[Lint of Treaties, Ac.]
— 22 Doc., 1890.
Agreement.
130
Protocol.
— 1884—1892 . . .
131 14 April, 1893 .
132 25 July, 1893 .
Notes.
Agreement .,
Agreement .
133 15 Nov., 1893 Agreement.
IV"-
Great Britain, Germany, and
Italy. Tariff of Eastern
Zone of Convention. Basin
of the Congo. (See Africa
(General).)
Boundaries. British and Ger-
man Spheres of Influence.
Lake Jipi«, Wanga, &c 652
On German Protectorates on
South-West Coast of Africa.
(See Germany.)
Boundary. Gulf of Guinea,
Rio del Key 654
Boundary. From the Umba
River to Lake Jip^ and
Kilimanjaro 656
Boundaries and Spheres of
Influence. From the Gulf
of Guinea into the Interior.
Yola. Lake Chad. Basin
of River Shari, Darfur, Kor-
dofan, Bahr el Ghazal, &c.. 658
29 April, 1885.] GREAT BRITAIN AND GERMANY. [No. 119
[Gulf of Guinea, Cameroons, &c.]
N 0.119.— ARRANGEMENT letween Great Britain and
Germany, relative to their respective Spheres of Action in
portions of Africa. 2$th April — IQth June, 1885.*
(1.) Earl Granrille to Count Munster.
M. 1'Ambassadeur, Foreign Office, 29th April, 1885.
IN my note of the 19th ultimo, I had the honour to forward
to your Excellency the draft of a Memorandum of Agreement
for separating and defining the spheres of action of Great
Britain and Germany in those parts of Africa where the Colonial
interests of the two countries might conflict.f In the subsequent
negotiations it has been notified that the German Government
accept the proposed Agreement with certain modifications. I
am consequently now in a position to state that Her Majesty's
Government are prepared, on receiving the assent of the Ger-
man Government, formally to adhere to the following Arrange-
ment.
Gulf of Guinea and interior Districts.
Great Britain engages not to make acquisitions of territory,
accept Protectorates, or interfere with the extension of German
influences in that part of the coast of the Gulf of Guinea, or in
the interior districts to the east of the following line : that is, on
the coast, the right river bank of the Bio del Bey entering the
sea between 8° 42' and 8° 46' longitude east of Greenwich ; in
the interior a line following the right river bank of the Bio del
Bey from the said mouth to its source, thence striking direct
to the left river bank of the Old Calabar or Cross Biver, and
terminating after crossing that river at the point about 9° 8' of
longitude east of Greenwich, marked " Bapids " on the English
Admiralty Chart.
Germany engages not to make acquisitions, accept Pro-
tectorates, or interfere with the extension of British influence
in the coasc of the Gulf of Guinea lying between the right
* See also Arrangements, 27th July— 2nd August, 1886, p. 612; 1st
July, 1890, Art. IV, § 2, p. 647; 14th April, 1893, p. 654; and 15th
November 1893, p. 658.
t See S. P., vol. IxxvL, p. 755.
596
No. 1191 ORFvi BRITAIN LKD OBBMAHY 29 April, 1885.
[West Coaat (Ambas Bay) ; East Coast (St. Lucia Bay, &c.).]
riv«T liaiik of tile- mouth of tin- Kio dol Rey, as above described,
and (lie Hrit isli Colony of Lagos ; nor in the interior to the west
of the line traced in the preceding paragraph.
Victoria, Ambus Bay, to remain a British Possession.
Both Powers agree to withdraw any Protectorates already
established within the limits thus assigned to the other, a n
vation being specially made as to the settlement of Victoria,
Ambas Bay, which will continue to be a British Possession.*
East Coast. British Flag at Santa Lucia Bay.
Germany engages to withdraw her protest against the hoist-
ing of the British flag at Santa Lucia Bay,f
Coast between Natal and Delagoa Bay.
And to refrain from making acquisitions of territory or estab-
lishing Protectorates on the coast between the Colony of Natal
and Delagoa Bay.
I shall be glad to receive from your Excellency a formal
notification that the German Government accept the arrange-
ment above recorded.
I have, &c.,
GBANVILLE.
(2.) Earl Granville to Count Miinster.
Victoria, Ambas Bay.
M. 1'Ambassadeur, Foreign Office, 29th April, 1885.
YOUR Excellency is aware that, in the Agreement for defin-
ing the limits of the territorial jurisdiction of Great Britain
and Germany on the West Coast of Africa in the neighbour-
hood of the CameroonSjJ which I proposed to Count Herbert
Bismarck, and of which I am to day requesting the formal
acceptance by the German Government, I made an express
exception as regards Ambas Bay, on account of the rights there
* A Notification of the assumption of British Sovereignty over Ambas
Bay was issued on the 19th July, 1884. H. T., vol. xvii, p. 57. Trans-
ferred to Germany, 28th March, 1887. See note, p. 600.
t Sec Great Britain (Zuluhuid).
J See Note, p. 661, on the " Hinterland."
5H7
A May, 1885.] GREAT BRITAIN AND GERMANY. [No. 119
[Gulf of O-uinea.]
of a settlement of Baptist missionaries whom Her Majesty's
Government could not undertake to transfer against their will
to German jurisdiction.
I stated, however, at the time, and I have the authority of
the Secretary of State for the Colonies to repeat, that if the
German Government should be able themselves to come to a
satisfactory arrangement with the missionaries, there being no
political necessity involved, the difficulty as to the cession of
Ambas Bay would disappear, and Her Majesty's Government
would be ready to agree to its being included in the territories
to be placed, in accordance with the arrangement, under
German protection.*
I have, &c.,
GRANVILLE.
(3.) Count Miinster to Earl Granville.
(Translation.)
My Lord, German Embassy, London, 7th Hay, 1885.
I BAVE had the honour to receive your note of the 29th
ultimo on the subject of the negotiations between the Imperial
Government and Her Majesty's Government with regard to a
separation and definition of their respective spheres of influence
in the territories on the Gulf of Guinea.
An understanding of the following nature is therein pro-
posed : —
Gulf of Guinea.
Great Britain engages not to make acquisitions of territory,
accept Protectorates, or interfere with the extension of German
influence in that part of the coast and interior of Guinea which
lies east of the line which is drawn through the right river-
bank of the Rio del Reyf which enters the sea between 8° 42'
and 8° 46' east longitude to its source, and thence in a straight
line turns to the left towards the left river-bank of the Old
* See uote, pp. 597, 600.
t Rio del Rey Creek. See Agreements, 1st July, 1890, Art. IV, § 2,
p. 647; 14th April, 1893, p. 654; and 15th November, 1893, p. 658.
598
No.119] i. KK.YT BRITAIN AM > <.i:i;.M\NY. [7 May, 1885.
LOulf of Guinea (Ambas Bay). East Coast (St. Lucia Bay).]
Calabar or Cross River, and crossing that river, terminates at a
point about 9° 8' of east longitude, marked "Rapids" on Un-
English Admiralty Chart.
Germany engages not to make acquisitions, accept I
tectorates, or interfere with the extension of British influence
in that part of the coast and interior of Guinea which lies be-
tween the line as above described, beginning at the mouth of
the Rio del Rey* and the British Colony of Lagos.
Victoria, Ambas Bay.
Both Powers agree to withdraw all Protectorates which they
have already established within the limits hereafter assigned to
the other party, a reservation being specially made as to the
Settlement of the missionaries at Victoria, Ambas Bay, which
will continue to be a British possession. f
East Coast. British Flag at Santa Liicia Bay.
Germany declares herself ready to withdraw her protest
against the hoisting of the British flag at Santa Lucia Bay,J
Coast between Natal and Delagoa Bay.
And to refrain from making acquisitions of territory or estab-
lishing Protectorates on the coast between the Colony of Natal
and Delagoa Bay.
German Acceptance of Arrangement.
Your Lordship having informed me by your note of the
29th ultimo, above referred to, that, as soon as the German
Government declares its assent, the British Government are
ready to formally recognize the arrangements proposed above as
binding, I have been authorized to declare the acceptance on
the part of the Imperial Government of this arrangement.
I take, <fec.,
MUNSTER,
* Rio del Rey Creek. See Agreements, 1st July, 1890, Art. IV, § 2,
p. 647 ; 14th April, 1893, p. 654 ; and 15th November, 1898, p. 658.
t See note of same date, next page.
J See Great Britain (Zululand).
599
16 May, 1885.] GREAT BRITAIN AND GERMANY. [No. 119
[Q-ulf of Guinea. Ambas Bay, Commerce.]
(4.) Count Miinster to Earl Granville.
Victoria, Ambas Bay.
(Translation.)
My Lord, German Embassy, London, Itli May, 1885.
IN your note of the 29th ultimo on the subject of the defini-
tion of the spheres of British influence of Germany and Eng-
land in the Gulf of Guinea, it is stated that the Settlement of
Victoria, Ambas Bay, remains for the present a British posses-
sion.
By your note of the same day with reference to the nego-
tiations which have taken place relative to the cession of Ambas
Bay, your Excellency has, however, in conjunction with the
Secretary of State for the Colonies, repeated the assurance
given to Count Bismarck, that the cession of Ambas Bay pre-
sents no political difficulties, and that the English Government
would agree to it as soon as the German Government could
come to an understanding with the English Mission Society.*
In acknowledging the receipt of this communication, and
taking note of the understanding of the two Governments with
regard to its contents, I take the opportunity of, &c.
MUNSTER.
(5.) Earl Granville to Count Miinster.
Commercial Relations.
Foreign Ofce. 16th May, 1885.
M. 1'Ambassadeur,
DR. KRAUEL, in his recent interviews respecting the arrange-
ment now concluded regarding the Protectorates of Great
Britain and Germany 011 the African coast, stated that it is the
wish of the German Government that the settlement of the
boundary between the British and German Protectorates on
the Gulf of Guinea should be followed by negotiations for a
* Victoria was transferred to the Sovereignty of Germany, 28th March,
3887, since which date it has formed part of the German Protectorate of the
Cameroons.
600
No. 119 <-i;i \i I'.KITVIN \\n tii.KM A.NV in May,1885.
[Gulf of Guinea. Commerce.]
commercial arrangement insuring equality of t natment for the
trade ot'thu two countries in the respective Protect".!
It was pointed out that while Her Majesty's Government
fully accepted the principle of equality of treatment, it was
premature to negotiate the adoption of formal engagements as
the question of the administration of the Protectorates must
first be settled. Dr. Krauel urged that at any rate such
assurances might bo e.\eli;uiLr< •<! as might satisfy traders that
there would be no differential treatment, and that no excessive
duties \\ould be imposed. These assurances Her Majesty's
Government have no difficulty in giving, and I have con-
sequently to request your Excellency to convey to the German
Government the following expression of their views and inten-
tions : —
Her Majesty's Government cannot at present make any
definite declaration as to the limit of duties to be imposed, but
they are prepared to give the assurance that those duties will
be levied solely for the purpose of meeting the expenses neces-
sary to enable them to carry out the obligations imposed upon
them by the Protectorates, and that they will be as moderate
as possible.
They are prepared to give every assurance that there shall be
no differential treatment of foreigners or foreign goods.
They will be fully prepared to apply to the British Pro-
tectorates the provisions of the second paragraph of the Vth
Article of the Act of Berlin (No. 17), which secures pro-
tection to the persons and property of foreigners, and to engage
that there shall be no differential treatment of foreigners as to
settlement or access to the markets, it being understood that
the regulation of these questions must be subject to adminis-
trative dispositions in the interests of commerce and of order.
They are ready to undertake that no less than four months'
notice shall be given by the local authorities of the adoption of
any alteration in the Tariff of duties.
I have to request your Excellency to explain that these
assm-ances aie given subject only to the receipt of a reciprocal
undei taking from the German Government as regards the
German Protectorates, and I fdmll be glad to learn from your
601
2 June, 1885.] GREAT BRITAIN AND GERMANY. [No. 119
[Gulf of Guinea. Commerce.]
Excellency whether the German Government are prepared to
give such an undertaking.
I have, &c.,
GRANVJLLB.
(6.) Count Miinster to Earl Granville.
Commercial Arrangements.
(Translation.)
My Lord, German Embassy, London, 2nd June, 1885.
IN your note of the 16th ultimo you communicated to me a
resume of the Rules which the British Government are pre-
pared to observe for the regulation of trade and commerce in
the territories on the Gulf of Guinea which are under their
protection. You added that the engagement to carry out these
Rules was made on the understanding that assurances of a
similar nature would be given on the part of the Imperial
Government as to the German Protectorates on the Gulf of
Guinea.
I did not omit to bring your above«mentioned note to the
notice of my Government, and I am now authorized to make
the following answer : —
With respect to the promises made by the British Govern-
ment, the Government of His Majesty the Emperor declares
itself ready to make the following engagements with regard to
its Protectorates on the Gulf of Guinea:
Customs shall only be raised to such an amount as may be
considered sufficient to cover the expenses arising from the
taking over of the Protectorate.
The customs rates shall be fixed as low as possible, without,
however, being confined to any fixed maximum.
There shall be no differential treatment of British subjects or
British goods.
Security of Persons and Property of Foreigners.
The conditions in Section 2 of Article V of the General Act
602
No, 119 GREAT BRIMIN \ \ l» - : I .KM \ \ V. [10 June, 1885.
[Oulf of Guinea. Commerce.]
of the Berlin Conference of the i^th 1\ In uary last (No. 17),
which provided for the security of the persons and property of
foreigners, shall be applicable to British subjects in German
Protectorates ; and with the reservation of certain Govern-
mental regulations in the interests of trade and public order,
no differential treatment of British subjects with regard to
their establishment at or communications with the markets
shall tako place.
Any changes in the Customs Tariff shall bo made known
at least four months before their execution by the local autho-
rities.
I have, &c.,
MtTNSTEB.
(7.) Earl Granville to Baron Plessen,
Commercial Relations.
M. le Baron, Foreign Office, IQthJune, 1885.
I HAVE the honour to request that you will be good enough
to furnish me with an explanation of the point which is not
altogether clear in the note from his Excellency Count Miinster
of the 2nd instant, on the subject of the commercial relations
of Great Britain and Germany in the territories in the Gulf of
Guinea under their Protectorate.
In my note of the 16th May I said that Her Majesty's
Government would be ready to give every assurance that there
should, in the British Protectorate, be no differential treatment
of foreigners. I added that they would be prepared to engage
that there should be no differential treatment as to settlement
or access to the markets, it being understood that the regula-
tion of these questions, as well as of the application of the pro-
visions of Article V of the Act of Berlin (No. 17), must be
subject to administrative dispositions in the interests of com-
merce and of order.
In Count Miinster's reply a corresponding general assurance
was given as to differential treatment, and :n response to the
suggestion as to the additional engagement, the following
603
16 June, 1885.] GREAT BRITAIN AND GERMANY. [No. 119
[Qulf of Guinea. Commerce.]
words are used : " es soil .... vorbelialtlicli gcwisser Ver-
waltungs Vorschriften im Interesse des Hand els und der
offentlichen Ordnung, keine ungleiche Behandlung von Englis-
chen Unterthanen in Bezug auf Niederlassung oder Zugang zu
den Handelsmarkten gestattet scin." I have the honour to
inquire whether the meaning of these words is that the equality
of treatment of British subjects as to settlement or access to
markets is subject to regulations to be made from time to time ;
and if this is the meaning, as it doubtless will have arisen from
a misconception of the phrase used in my note, I have to
explain that the assurance which it was intended that the two
Governments should exchange was that there should be absolute
equality of treatment on these points. In making the reserva-
tion respecting regulations my object was to let it be under-
stood that foreigners would be subject, equally with British
subjects, to such rules as regards settlement and access as the
Administration might think proper to impose.
I have, &c.,
GBANVILLE.
(8.) Earl Granville to Sir E. Malet.
Commercial Relations.
Sir, Foreign Office, \QtTi June, 1885.
BARON VON PLESSEN called to-day and stated that he had been
instructed to explain, in reply to my note to Count Minister of
the 10th instant, that the passage in his Excellency's note to
which I had referred was meant to be a translation of the
corresponding passage in my note of the 16th May. He said
that he was authorized to state that the German Government
understood the assurance given by them in the same sense as
that in which Her Majesty's Government interpreted the
assurance given on the part of England.
I have, &c.,
GRANVILLE.
604
No. 120 ORE AT BRITAIN, FBA] >\\\\\\\. 9 June, 1686.
[Zanzibar Poseosniont.]
Wo.\2Q.—PROCES-VEl;l;M.. containing ///. itnaninunu
»/><niun.>i «/ tin I),!,-*!,!! ,,i/ Uri/n in, /''rn/iri, mill
Germany, v//A /•<•/)•/•<•//<•,• tn tin' Mm-itim,, LHi»,-<i!, "//</
itincntal Possession* of tin- Sullun «f '/.n,,-.,!,,, , . /,,,,.
://„/,•. «.»//< June, 1886.*
(Translation.)
THK Delegates of the three Po\\ i-rsl declare by these presents
that they unanimously recognize the sovereign rights of His
Highness the Sultan of Zanzibar at the points mentioned below.
N.B. — The Commission has adopted as measure for distance
the geographical mile of sixty to the degree.
Islands of Zanzibar and
1. The Islands of Zanzibar and of Pemba, and the small
islands which are geographically dependent upon them, that is
to say, those lying within a radius of 12 miles round the said
islands.
Coast and neighbouring Territories.
2. As regards the coast and the neighbouring tei-ritories, ex-
tending from the southern frontier and running northwards.
* S.P., vol. Ixxvii, p. 1128.
t Great Britain, France, and Germany. Lt.-Col. (now Sir Horatio)
Kitchener was appointed British Commissioner on the 17th October, 1885.
For instructions given to him by the Marquis of Salisbury, see Par. Pap.
" Zanzibar, No. 3 (1887)," p. 73. This " Proces-Verbal" was accepted by
the British and German Governments by an Exchange of Xotes, dated 29th
October and 1st November, 1886 (see p. 615) ; and by the Sultan of
Zanzibar, by an Exchange of Notes, dated 3rd and 4th December, 1886 (see
Great Britain and Zanzibar, p. 754). On the 28th November, 1884, Prince
Bismarck assuredSirE. Malet that Germany was not endeavouring to obtain
a Protectorate over Zanzibar ; and in a Note which Sir E. Malct addressed
to Count Hatzfeldt, on the 18th January, 1885, an explanation was given of
the interest which the British Government felt in the maintenance of the
sovereignty of the Sultan of Zanzibar, whoso independence, it was stated,
they desired to support. In this Note it was pointed out that, since the
division in 1861 of the Kingdoms of Muscat and /an/.ibar, under separate
Sultans, Her Majesty's ships had kept the pi-ace in Zanzibar \\.itcr.-. and had
maintained an active and successful hostility against the Slave Trade, in the
cause of humanity and civilisation (Par. Pap. " Africa No 1 (1886)").
605 -J C
9 Jnne, 1886.1 GREAT BRITAIN, FRANCE, & GERMANY. ; No. 120
[Zanzibar Possessions.]
Minengani and Tunghi.
Minengani and Tunghi : The southern frontier of the States
of the Sultan may be defined by a line which, following the
Minengani River for a distance of 5 miles, would continue on
the line of latitude until it touched the right bank of the
Rovuma.
Jiay of Mikindani, Lindi, Mchinga Kisivere, Kilwa-Kiswani. and
Kilwa-Kiving i.
3. The Bay of Mikindani, Lindi, Mchinga Kiswere, Kihva-
Kiswani, and Kilwa-Kivingi ; the line limiting the territories
possessed by the Sultan would run parallel with the coast
for a distance of 10 miles until it reached the latitude of
Kilwa-Kivingi; it would then run as far as the coast, leaving
a radius of 10 miles round this last point.
Island of Mafia, 3 a manga, Kikounya, Kisijou, and Dar-es-Salam.
4. The Island of Mafia, Samanga, Kikounya, Kisijou, and
J)ar-es-Salam, with the territories adjoining each of these points
within a radius of about 10 miles.
Bagamoyo, Saadani, Pangani and Wanga,
5. Bagamoyo, Saadani, Pangani, and Wanga, with all the
coast situated between Dar-es-Salam and Wanga, and the terri-
tories belonging to them, with a depth of 3 miles : The line of
demarcation, starting from a radius of 10 miles round Dar-es-
Salam, would extend to the latitude of the town of Bagamoyo,
and would then run straight to the village of M'toni, situated
on the River Kingani, and after following the right bank of
that river to a distance of 3 miles from the coast, it would run
northwards and, keeping at a distance of 3 miles from the coast,
as far as Cape Utoudwe, in order, from that point, and in a
direct line, to become a tangent to a radius of 10 miles round
the town of Saadani. At Saadani and Pangani the line of de-
marcation would radiate 10 miles round each point ; the radii
thus formed would be connected by a line running parallel to
the coast, at a distance of 10 miles. From the Pangani radius
the line of demarcation, striking this radius at a distance of
5 miles from the coast, would run in a northerly direction
006
No. 120 <ii;i:\i BRITAIN, FB LHOK, «t GUEBM UTT, 9 June, 1886.
[Zanzibar Possessions.]
parallel In tlii>, and would terminate at a point- placed 5 nnks
to tin- \\t-st of Wanga.
( Mombcua) and Takionnjn.
<-. Mombaze and Takaungo : The lino marking the depth of
the Possessions of the Sultan would proceed from the point
specified to the west of Wanga, parallel to the coast, and at a
distance of 5 miles from the latter, to the line of latitude of the
month of the small river which runs into the Bay of Gazi to
the south of the village of that name, where it would stop, in
order to recommence, after a break corresponding with that of
the coast, on a line of latitude to 2 miles to the north of the
village of Gazi, and 5 miles from the coast. Continuing to-
wards the north and parallel to the coast at a distance of 5 miles
it would come into contact with a radius of 10 miles round
Mombaze, and from the north of this radius, always at a dis-
tance of 5 miles from the coast, it would run into the right
bank of the Kilifi, taking in Takaungo.
tfalindi, Mambrui t Kan,* Kipini, and Lamon.
7. Malindi, Mambrui, Kau, Kipini, and Lamou : At Malindi
and Mambrui the line of demarcation would radiate to 5 miles
round each point. At Kau and Kipini the land under the
Sultan's sway would be limited to that occupied by the town,
and at Lamou the authority of His Highness would be confined
to the island.
Limits of Kittiii'i;/". Hmnt, Meurka, and Mayadisho.*
8. Kismayu, Brava, Menrka, and Magadisho : The territory
belonging to the Sultan does not extend beyond that circum-
scribed within the walls of those towns.
Reservation.
K.\ press reservation is made by the three undersigned Dele-
LMtrs to refer to their respective Governments the claims of His
Highness the Sultan of Zanzibar to the possession of the terri-
tories and countries to which the unanimous opinions contained
in the present proccs- verbal do not refer.
Done at Zanzibar, 9th June, 188G.
SCHMIDT. LEMAIRE. H. H. KITCHENER.
" See also Agreement between Great Britain and CJermany, October —
November, 1886, p. 615.
607 2 U 2
15 July, 886.] GREAT BRITAIN AND GERMANS'. [No. 121
[South-West Africa. British Claims.]
No. 121. — PROTOCOL signed between the British and
German Representatives respecting the rights of British
Subjects in the South-West African Territories under
(Icrman Protection. Berlin, 15th July, 1886.*
PROTOCOL.
THE Undersigned Commissioners, having met and discussed
fully those British claims in the territories placed under
German protection in South-west Africa, upon which Messrs.
Bieber and Shippard, the Commissioners at Cape Town, had
disagreed,! agree to submit to their Governments the following
recommendations : —
1. Ebony Mines.
That if Robert Lewis or his assigns desire to work this
mine, he or they be at liberty to do so, and to convey the ore to
the coast until the 21st of September, 1898, without payment to
and without hindrance or interference by the Colonial Company.
2. Sandwich Harbour.
That Mr. Anders Ohlson (trading as A. Ohlson and Co.) and
Messrs. De Pass, Spence, and Co. respectively, be held to have
Acquired a full title iu perpetuity for themselves and their
assigns to the lands and buildings which they respectively have
heretofore occupied in Sandwich Harbour for the purposes of
the fishery, together with the right to each firm of taking at
any time any other sites on the shore of this harbour, and of
erecting buildings thereon, should the sand, as has happened
before, shift so as to render useless the land which is now, or at
any future time may be, occupied by the buildings ; it being
understood that any site so taken becomes the absolute pro-
perty of Messrs. De Pass, Spence, and Co., or of Mr. Ohlson, or
their respective assigns, as the case requires, and that they
have no further claim to the land which they previously occu-
pied ; but that neither firm nor their assigns are entitled to
* H.T.,vol. xvii, p. 1172. S.P., rol. Ixxvii. p. 1042. Approved by British
and German Governments (see p. 610).
t See S. P., vol. Ixxv, p. 547.
608
No. 121] <iKKAT BRITAIN LVD G1BMANT, 15July,1886.
[South-West Africa. British Claims. Penguin Islands, &c.]
lake any site occupied by other \» - to Ukr an
flic occupation of which would in!' ii oilier
Sandwirh Harlxmr. <'oast Fishery.
That it should be further recogniznl that the firms ol A.
Ohlson and Do Pass, Spence, and C<>. have the ri^ht of coast
fishery in Sandwich Harbour, and along the coast between
Sandwich Harbour and the point 23° 20' S. lat., 14° 31' E. long.,
with the right-of landing on and using for fishery purposes any
part of the coast not in the private possession of third parti< •-.
subject always to the observance of any laws and regulations
which may be issued by the competent authorities. The said
firms shall not, however, have any right to hinder other persons
from also fishing there, or from establishing themselves in
Sandwich Harbour.
3. Hottentot Bay.
That Messrs. De Pass, Spence, and Co. have in like manner
acquired a full title in perpetuity for themselves and their
assigns to the guano deposits at Hottentot Bay, and to the
land which they now occupy there for carrying on fishery or
collecting of guano.
4. ^Unnamed Islets and Rocks (Penguin Islands, Shark Island, fyc.).
Expiry of Lease, 30th June, 1895.
That Messrs. De Pass, Spence, and Co. and their assigns be
free to make use, as they have hithei'to done, of these islets and
rocks, including Shark Island, without payment until the expiry
of their lease, that is to say, until the 30th June, 1895 ; and if
the British Government waive all claim to the sovereignty of
these islands and rocks and acknowledge the sovereignty of
Germany over them, then that the latter Power should consent
to confer no private rights over them to any persons other than
the lessees for the time being of the 12 British Islands named
in the Letters Patent of the 27th February, 1867.*
* Ichaboe, Hollansbird, Mercury, Long Island, Seal Island, Penguin
Island, Halifax, Possession Island, Albatross Eock, Pomona, Plum Pudding
and Roast Beef (or Sinclair Island). S. P., vol. livii, p. 54. See also vol.
IIXT, p. 551. See GEKAT BRITAIN (CAPE COXOXY), p. 314. Bird Island is
in Walfisch Bay, Shark Island in tho Bay of Angra Pequcu i.
609
15 July, 1886.] GREAT BRITAIN AND OERMANY. [No. 121
[South-West Africa. British Claims.]
Upon this understanding the British Commissioner will
recommend his Government to acknowledge forthwith the
sovereignty of Germany in these islets and rocks.
5. Mainland Claims. Pomona Mine.
That Messrs. De Pass, Spence, and Co. should be held to
have acquired for themselves and their assigns a full title in
perpetuity to the Pomona Mine, with two English miles of land
round the mine on every side ; and that they should have the right
to use the lagoon for their vessels, and to make use of the land
round the lagoon for all purposes as they have done hitherto,
without payment and without hindrance or disturbance by the
Colonial Company, and if irreconcilable disputes between the
firm and the company should arise as to the proper exercise of
these rights on land, then that the chief officer of the German
Government within the Protectorate shall allot to Messrs. De
Pass, Spence, and Co., or their assigns, sufficient land for the
purposes of their business, conveniently situated on the shore of
the lagoon, and that the land so allotted shall become the
absolute property in perpetuity of the persons to whom the
same is allotted, but that such allotting of land shall in no
way affect or lessen their right to use the lagoon for thqir
vessels.
CHARLES S. SCOTT,
B. KRAUEL,
Berlin, July 15, 188G,
Approval by the British and German Governments of the above
Protocol,
(1.) British Approval 23rd October, 1886.
M. LE SECRETAIRE D'ETAT.,
Her Majesty's Government have had under their considera-
tion the Protocol, signed by Dr. Krauel and Mr. Scott, con-
taining the joint recommendation of the Imperial and British
Commissioners for a settlement of certain outstanding British
claims in the Imperial Protectorate of South-west Africa,
in regard to which the Commissioners at Cape Town failed to
610
No. 121] GREAT BRITAIN \M> IJKKM \NY [15 July, 1888.
[South-West Africa. British Claims.]
arrive at ;m agreement. I have now tbe honour to inform your
ileney, by direction of Her Majesty's Principal Secretary
of State for Foreign Affairs, that the arrangements emb'
in the Protocol in question nre approved and accepted by Her
Majesty's t i<>\ eminent. In acquainting your Kxrelk-ney \\itli
this derision, I am to add that Her Majesty's Government
would be glad to be informed whether the Imperial Govern-
ment in like manner approve and accept the arrangement in
question.
I have, &c.,
EDWARD E. MALET.
U.I''. Count Bismarck.
(2.) German Approval.
(Translation.)
German Embassy, London,
MY Lorn,, November 13, 1886.
IN a note of the 23rd ultimo the British Ambassador in
Berlin informed the Imperial Government that his Government
agreed to the proposals contained in the Protocol, the German
version of which is herewith inclosed, respecting the rights of
British subjects in the South-west African territories under
German protection, which Protocol was signed on the 15th of
July last by Mr. Scott, the First Secretary of the English
Embassy in Berlin, and Dr. Kraul, Privy Councillor of Lega-
tion.
Sir Edward Malet stated, at the same time, that the British
Government wished to be infoimed whether the Imperial
Government also agreed to the proposals in question.
In reply, I am instructed to express the concurrence of my
Government in the proposals made in tbe enclosed Protocol.
The Imperial Government is prepared to take the necessary
steps to communicate the provisions of the Protocol to those
interested, and as far as necessary to superintend the execution
of those provisions through the Imperial officials in the pro-
tected territory.
I have, &c.,
The Earl of Iddesleigh. v. HATZPELDT.
eii
1886.] GREAT BRITAIN AND GERMANY. [No. 122
[Gulf of Guinea. River Benue. Yola.]
No. 122.— SUPPLEMENTARY ARRANGEMENT bc-
//'•rni Great Britain and Germany, relative to their respec-
tive Spheres of Action in the Gulf of Guinea, 27th July —
2nd August, 1886.*
(1.) Tlie Earl of Rosebcry to Count Hatzfeldt.
M. 1'Ambassadeur, • Foreign Office, 27th July, 1886.
On the 29th April, 1885,f Earl Granville notified to his
Excellency Count Minister tlie adherence of Her Majesty's
Government to an Arrangement under which a specified line of
demarcation would separate the districts on the Gulf of Guinea
within which Great Britain and Germany would respectively
be free to acquire territory, accept Protectorates, and exercise
influence. On the 7th of the ensuing month Count Minister
notified the acceptance of the Arrangement by the German
Government.^
The line agreed upon follows in the interior the right river-
bank of the Rio del Rey§ from the mouth of the river to its
source, thence strikes direct to the left river-bank of the Old
Calabar, or Cross River, and terminates, after crossing that
river, at the point, about 9° 8' of longitude east of Greenwich,
marked " Rapids " on the English Admiralty Chart.
The German Government have proposed an extension of the
line into the interior. Her Majesty's Government have accepted
the proposal. The suggestions of Her Majesty's Government
as to the direction which the extended line should take, and as
to its limitation, have been adopted by the German Government.
I have, consequently, now formally to state that Her
Majesty's Government are prepared, on receiving the assent
of the German Government, to agree to an extended line of
demarcation, which, starting from the point on the left river-
bank of the Old Calabar or Cross River, where the original line
* S.P., vol. Ixxvii, p. 1049. See also Agreements, 1st July, 1890, p. 642 ;
14th April, 1893, p. 654; and loth November, 1893, p. 658.
t Page 596.
i Page 598.
§ Rio del Rey Creek. See Agreements, 1st July, 1890, Art. 4, § 2, p. 647,
and 14th April, 1893, p. 654.
612
No. 122 ORKATWilTMX LVD OBRMAKT, - 1686.
f Oulf of Guinea. River Benue. Yol». !
terminated. sliall be- continued dia^i mails In >urh ;i poi'
the ri-_r|il kink of the River Heime to the<a>t of. mid close to,
Vohi,* as may be found on examination tn bo practically suited
for the demarcation of a boundary.
Her Majesty's Government undertake to apply to the dis-
tricts to the west of the extended line tlie assurances as to the
regulation of tnde glV6H in Karl (iranvillc's note of the 16th
May. Iss'ijt provided that the German Government give reci-
procal assurances as regards the disti'iots to the east of the line
corresponding with those given in Count Miinster's note of the
•Jnd June, 1885. +
I should be glad to receive from your Excellency a formal
notification that the German Government accept the line and
give the requisite assurances.
I have, &c.,
ROSEBEBY.
(2.) Count Hatzfeldt to the Earl of Rosebery. — (Received '3rd
August.)
(Translation.)
My Lord, German Embassy, '2nd August, 1886.
Supplementing the notes of the 29th April and 7th May of
last year, exchanged between Count Munster and Lord Gran-
ville respecting the delimitation of the German and English
spheres of interest on the Gulf of Guinea,f your Lordship was
so good as to inform me, in the note of the 27th ultimo, that
the Royal Government of Great Britain is ready to undertake
with the Imperial Government a further delimitation in those
territories. In the above note an Agreement is proposed in
substance as follows : —
From the terminal point, indicated in the English Admiralty
Chart as "Rapids," of the original frontier-line fixed by the
* See Agreement, 15th November, 1893, p. 658.
t Page 600.
J Page 602.
613
27Augy' 1886.] GREAT BRITAIN AND GERMANY. [No. 122
[Gulf of Guinea. River Benue. Tola.]
29th April and 7fch May of last yeai-,* shall be produced a
further line, which, starting from the Old Calabar rapids, shall
pursue a diagonal direction towards a point on the right bank
of the River Benue, situate to the east, and in the immediate
vicinity of the town of Yola, and which shall prove, upon in-
vestigation, to be practically suitable for the determination of
this line.f
The Government of Her Majesty the Queen gives the assur-
ance that the Regulations respecting trade, as laid down in
Lord Gran vi lie's note of the 16th May, 1885,]: shall also apply to
the territory lying to the west of the new prolonged boundary-
line, provided that the Imperial Government tenders an
assurance analogous to that of Count Miinster's note of the 2nd
June, 1885,§ for the districts situate to the east of the new line.
Your Lordship was so good as to add that the Royal
Government of Great Britain is prepared to acknowledge the
above Agreement as binding, if it meets the consent of the
Imperial Government. I am accordingly charged, and have
the honour to reply to your Lordship, that the Imperial Govern-
ment gives its assent to the Agreement proposed by your
Lordship.
With &c.,
v. HATZFELDT.
* See Agreement, 29th April— 16th June, 1885, p. 596.
f See Notifications, British Protectorate of the Niger Districts, 5th J une,
1885, p. 445, 18th October, 1887, p. 449, and 13th May, 1893, p. 479. See
also Arrangement, 15th November, 1893, p. 658.
J Page 600.
§ Page 602.
No. 123 <;i;i. AT HKI i U.N \\h IIKK.M VNV. 290ct., 1886.
[Zanzibar.]
No. 123.— AUHKKMENT betin-,-,, t/,.
i'fiuii //!<• ,SW/", /.i,i:H><ir <m<l tl«
id- AW African .I/"////"////, /'//•/ ///••//• N////»-/r.s of
<kt,,i,,.;-—\»/ November, 1886.*
(l.j fW,,/ 1 1 ,,!,-./, -hit In tli>' Km-1 •>/ /./, 7, s/r /://i.
(Translation.)
My Lord, German Embassy, London, '29th October, 1886.
The Government of His Majesty the Emperor and that of
Her Britannic Majesty having agreed to regulate various ques-
tions connected with the Sultanate of Zanzibar and the opposite
East African mainland by means of a friendly understanding,
verbal communications have with this object taken place, at
which the following articles have been agreed upon : —
Recof/nitiun of Sovereignty of Sultan of Zanzibar over Islands of
Zanzibar, Pemba, Lamu, Mafia, Sfc.
1. Germany and Great Britain recognize the sovereignty
of the Sultan of Zanzibar over the Islands of Zanzibar and
Pemba, and over the smaller islands which lie in the neigh-
bourhood of the above within a radius of 12 sea miles, as well
as over the Islands of Lamu and Mafia. f
Recognition of Sultan of Zanzibar's Sovereignty over certain
Territories on the mainland.
•
On the mainland^ they likewise recognize as possessions of
the Sultan a line of coast which stretches without interruption
from the Minengani River at the head of Tunghi Bay to
Kipini. This line commences on the south of the Minengani
River, follows the course of that river for 5 sea miles, and
continues thence on the line of latitude to the point where it
strikes the right bank of the Rovuma River, crosses the
Rovuma, and runs down its left bank.
* S.P., vol. Ixxvii, p. 1130. The Sultan of Zanzibar adhered to this
Agreement on the 4th December, 1886, see p. 622.
t See Agreement, 1st July, 1890, p. 642.
t See Agreement, 1st July, 1890, p. 642.
815
29 Oct., 1886.] GREAT BRITAIN AND GERMANY. [No. 123
[Zanzibar. British and G-erman Spheres of Influence.]
The coast-line has an internal depth of 10 sea miles mea-
sured from the coast direct into the interior from high-water
mark.
Kau.
The northern limit includes Kau.
Kismayu, Braiva, Meurka, Magadisho and Wai-sheik.
To the north of Kipini the said Governments recognize us
belonging to the Sultan the stations of Kismayu, Brawa,
Meurka, and Magadisho, with radii landwards of 10 sea miles,
and of Warsheik with a radius of 5 sea miles.*
Leasing to German African Company of Customs Duties at
Dar-es- Salaam and Pangani.
2. Great Britain engages to support negotiations of Ger-
many with the Sultan for the leasing to the German African
Company of the customs duties at the ports of Dar-es-Salaamf
and Pangani, in return for an annual payment to the Sultan
by the Company.
Respective Spheres of Influence to be defined.
3. Both Powers agree to establish a delimitation of their
respective spheres of influence on this portion of the East
African Continent of the same character as that to which they
have agreed as regards the territories on the Gulf of Guinea.^
Territory referred to in Arrangement. §
The territory to which this arrangement applies is bounded
on the south by the Rovnma River, and on the north by a line
which, starting from the mouth of the Tana River, follows the
course of tha.t river or its affluents to the point of intersection
of the Equator and the 38th degree of east longitude, thence
strikes direct to the point of intersection of the 1st degree of
27th July,
* See Supplementary Agreement, Great Britain and Germany, Q^fAiig;,
1886, p. 612.
t The German flag was hoisted 1st January, 1891.
J See Agreement, 1st July, 189O, p. 6J2.
§ See note, respecting the Island of Lamu, p. 619.
616
No. 123 OBEA1 ISKIIUN LND GEBMAKY, 29 Oct., 1886.
[Zanzibar. British and German Spheres of Influence.]
north latitude with tho 37th degree of east longitmlr, wln-i-i- tin-
line terminates.
Line of Demarcation.
The line of demarcation starts from tin- mouth of tho River
Wiinga or Umbo, runs direct to Lake .1 !]>»'•, passes thence along
tin- eastern side and muml tin- imi-tht-n! side of the fake
and crosses the Lumi River ;
Taveita and Chayya (Kilimanjaro District).
After which it passes midway between the territories of Taveita
and Chagga, skirts the northern base of the Kilimanjaro range,
mid thence is drawn direct to the point on the eastern side of
Lake Victoria Nyanza which is intersected by the 1st degree of
south latitude.
Mutual Engagements to respect Spheres of Influence.
Germany engages not to make acquisitions of territory,
accept Protectorates, or interfere with the extension of British
influence to the north of this line ; and Great Britain makes
the same engagement as regards the territories lying to the
south of this line.
Kilimanjaro Districts.
4. Great Britain will use her good offices to promote a
friendly arrangement of the rival claims of the Sultan and
the German East African Company to the Kilimanjaro dis-
tricts.*
5. Both Powers recognize as belonging to Witu the coast-
line which commences to the north of Kipini and continues to
the northern extremity of Manda Bay.
Invitation to Sultan of Zanzibar to accede to Berlin Act.
6. Great Britain and Germany will jointly invite the Sultan
to accede to the Act of Berlin, 2Gth February, 1885 (No. 17),
with reservation of His Highness' existing rights under the
1st Article of the Act.
* See page 622.
t See Agreement, 1st July, 1890, p. 642.
617
1 NOT*.', 1886'J <*REAT BRITAIN AXD GERMANY. [No. 123
[Zanzibar. British and German Spheres of Influence.]
Adhesion of Germany to Declaration between Great Britain and
France of 10th March, 1862.
7. Germany engages to adhere to the Declaration signed by
Great Britain and France on the 10th March, 1862 (No. 107),
•with regard to the recognition of the independence of Zanzibar.
Having brought the foregoing articles to the knowledge of
ray Government, I am now authorized to declare their accept-
ance in the name of the Imperial Government, provided that
Her Majesty's Government also make a similar declaration of
their acceptance.
I have, &c.,
HATZFELDT.
(2.) The Earl of Iddesleigh to Count Hatzfeldt.
M. 1'Ambassadeur, Foreign Office, \st November, 1886.
I have had the honour to receive your Excellency's note of
the 29th ultimo, in which you inform me that you are authorized
to accept, on behalf of the Imperial Government, the following
Articles of Agreement respecting Zanzibar and the adjoining
territories, provided that they are accepted by Her Majesty's
Government :—
Recognition of Sovereignty of Sultan of Zanzibar over Islands of
Zanzibar and Pemba, Lainn, Mafia, fyc.
1. Great Britain and Germany recognize the sovereignty
of the Sultan of Zanzibar over the Islands of Zanzibar and
Pemba, and over the smaller islands which lie in the neigh-
bourhood 01 the above within a radius of 12 sea miles, as well
as over the Islands of Lamu and Mafia.*
Recognition of Sultan of Zanzibar's Sovereignty over certain
Territories on the mainland.
On the mainlandf they likewise recognize as the possession
of the Sultan a line of coast which stretches without interrup-
* See Agreement, 1st July, 1890, p. 642, and note, p. 619.
t See Agreement, Great Britain and France, 5th August, 1890, p. 571.
618
No. 123 <;i;i:\i m;n\i\ UiD GUtttfAST, 1 Nov., 1886.
[Zanzibar. British and German Spheres of Influence.]
tion from Hie .\l iiieii^aiii Kmrnl tin- head «\' Timlin Hay to
Kipini. This line commence-, on the sontli of the Minengani
Kiver, follows the eoiirse of that ri\er for 5 sea miles, con-
tinues theiiCO On the line of latitude to the point where it strikes
the right bank of the Rovuraa River, crosses the Rovuma, and
runs clown its left bank.
The coast-line has thence an internal depth of 10 sea milea
measured from the coast direct into the interior from high-water
mark.
Kan.
The northern limit includes Kau.
Kismayu, Brawa, Meurka, Mayadisho and Warsht'ikh.
To the north of Kipini the said Governments recognize us
belonging to the Sultan the stations of Kismayu, Brawa,
Menrka, and Magadisho with radii landwards of 10 sea miles,
and of Warsheik with a radius of 5 sea miles.*
Leasing to German African Company of Customs Ditties at
Dar-es-Salaam+ and Pangani.
2. Great Britain engages to support negotiations of Ger-
many with the Sultan for the leasing to the German African
Company of the customs duties at the ports of Dar-es-Salaam
and Pangani, in return for an annual payment to the Sultan by
the Company.
Spheres of Influence to be defined.
:^. Both Powers agree to establish a delimitation of their
respective spheres of influence on this portion of the East
African Continent of the same character as that to which they
have agreed as regards the territories on the Gulf of Guinea.^
Territory referred to in the Arrangement. §
The territory to which the arrangement applies is bounded
* Sec Agreement, 1st July, 1890, p. 642.
t The German flag was hoisted 1st January, 1891.
J See AgrociiH'iit,.];,',1,1;!"^' 1880, p. 612.
§ Differences having arisen between the British ^uist Africa Coirpany
unil the German Company of Witu as to the Island of La nni. they were
019
1 NOV., 1886.] GREAT BRITAIN AND GERMANY. [No. 123
[Zanzibar. British and German Spheres of Influence.]
on the south by the Rovuma River, and on the north by a line
which, starting from the mouth of the Tana River, follows the
course of that river or its affluents to the point of intersection
of the Equator and the 38th degree of east longitude, thence
strikes direct to the point of intersection of the 1st degree of
north latitude with the 37th degree of east longitude, where the
line terminates.
Line of Demarcation.
The line of demarcation starts from the mouth of the River
Wanga or Umbe, runs direct to Lake Jipe, passes along the
eastern side and round the northern side of the lake and crosses
the Lumi River.
Taveita and Chagga (Kilimanjaro District).
After which it passes midway between the territories of Taveita
and Chagga, skirts the northern base of the Kilimanjaro
range, and thence is drawn direct to the point on the eastern
side of Lake Victoria Nyanza which is intersected by the 1st
degree of south latitude.
Mutual Engagement to respect Spheres of Influence.
Great Britain engages not to make acquisitions of territory,
accept Protectorates, or interfere with the extension of German
influence to the south of this line ; and Germany makes the
same engagement as regards the territories to the north of this
line.
Kilimanjaro Districts.
4. Great Britain will use her good offices to promote a
friendly arrangement of the rival claims of the Sultan and
the German East African Company to the Kilimanjaro districts.*
Witu.-f
5. Both Powers recognize as belonging to Witu the coast-
line which commences to the north of Kipini, and continues
to the northern extremity of Manda Bay.
referred by the British and German Governments to the arbitration of Baron
Lambermont, Belgian Minister of Sta'e, who pronounced his Award on the
17th August, 1889, see p. 630.
* See p. 622. See also Agreements, Great Britain and Germany, 1st
July, 1890, Article I, p. 642, and 25th July, 1893, p. 656,
f See Agreement, Great Britain and Germany, 1st July, 1890, p. 642.
620
No. 123] <;i;i:\i BBITAJH \ \i> «, I I:M \ \ v i Nov., 1888.
[Zanzibar. British and German Spheres of Influence.]
'•ilian to Sultan of Zanzibar to accede to tlie. Berlin Act.
6. Great Britain and Germany will jointly invite the
Sultan to accede to the Act of Berlin (No. 17), with reserva-
tion of His Highness* existing righls niidn tin; 1st Article
of the Act.*
of Germany to Declaration between Great Britain and
France of 10th March, 1862.
7. Germany engages to adhere to the Declaration signed by-
Great Britain and France on the 10th March, 1862 (No. 106).
with regard to the recognition of the independence of Zanzibar.f
I have to declare on behalf of Her Majesty's Government
their Acceptance of the above Articles of Agreement.
I have, &c.,
IDDESLEIGH
* The Sultan of Zanzibar acceded to the Berlin Act on the Sth No^em-
IHT, 188G. See ZANZIBAR, p. 925.
t In a note addressed by the French Ambassador, M. Waddington, to
the Marquis of Salisbury, on the 29th September, 1885, it was stated that
the Cabinet of Berlin had recently informed the French Q-oTerament of their
a Ihnrence to the Anglo-French Declaration of 1862, with regard to the
Independence of Zanzibar.
r-Jl -J \
4 Dec., 1888.] GREAT BRITAIN, UERMANr, & ZANZIBAR. [No.124
[Zanzibar.]
No. 124. — ADHESION of Sultan of Zanzibar to Agreement
between Great Britain and Germany of ™/0c^er, 1886.
4th December, 1886.*
With regard to our accepting that this part of our kingdom
should be taken from us and given to Germany, we hope that
the two Governments will do what is just according to this
Agreement, namely, to protect our kingdom from being divided
among them by other nations, and then, in consequence of the
friendly way in which the two Governments of Great Britain
and Germany Lave asked us to adhere to their Agreement, we
are ready to give our adhesion, and for that purpose we have
given Mohammed-bin- Salim Mauli full powers to represent us
before you and sign the official Convention settling the whole
qrestion without delay.
This is from your friend.
BARGASH-BlN-SAlb.
4th December, 1886.
* See also Exchange of Notes between Great Britain and Zanzibar, of
3rd— 4th December, 1886, p. 754.
622
No. 125J UIIKIMIN \M) «ii;i;\i \\v. [Mar., 1887.
[Trading Stations. Spheres of Influence.]
No. 125.— AGREEMENT between Great Britain »
muni/, i-f <IH-I-( iiiy the I'tidtti/i •// nh/tl of Trud'ui'i X(nl
•ir if /i in Hi fir n-xjiective Spheres of Influence in East Africa.
M'i,;-k, 1887.*
Note Verbale addressed by the British Ambassador at Berlin to the
German Miti /.->/»•/• for Foreign Affairs, March 19, 1887.
HER Majesty's Government have received with much satis-
faction the Memorandum communicated by Count Hatzfeldt on
the 8th instant, stating that the German East African Company
have been informed that any territorial acquisitions they may
make or any claims they may put forward in those parts of
East Africa which have been, declared within the sphere of
British interests will not be acknowledged by the Imperial
Government, and that the Company must abstain altogether
from sending expeditions to those parts. The Memorandum
further explains that Count Pfeil's instructions from the Com-
pany had been to take charge of a trading- station at Tanganyika,
on the Biver Kilifi, which is within the British sphere.
With regard to the question of trading-stations, Sir E. Malet
is directed by Her Majesty's Principal Secretary of State for
Foivign Affairs to state that, in his Lordship's opinion, it was
not the intention of either Government to restrict the subjects
of the other from bond fide trading operations within the sphere
assigned to it. Her Majesty's Government will therefore be
prepared to admit the principle that German subjects may
establish trading-stations within the British sphere, and acquire
land necessary for the purposes of such stations, on the under-
standing that claims to political, sovereign, or exclusive rights,
founded on Agreements with native Chiefs or otherwise, are
inadmissible, and provided that the Imperial Government admit
the same principle as regards British subjects in the German
sphere.
This understanding would, of course, specially apply to the
coast only. As regards the interior, differential treatment in
* S. P., vol. Ixxviii, p. 1063.
623
Mar., 1887.] GREAT BRITAIN AND GERMANY. [No. 125
[Trading Stations. Spheres of Influence.]
either sphere is prohibited, as regards traders, by the Article of
the Act of Berlin applying to territory in the Free Zone
(No. 17), while the exercise of political influence in the
sphere of either country is forbidden to the other by the
Anglo-German Agreement (No. 118, 121).
Berlin, March 19, 1887.
[The German Government did not reply to this Note Verbale.']
024
No. 126' «;i;i:\i BBITAIB LND OBBMAVY. [July,1887.
[Annexations in rear of Spheres of Influence.]
No. \2Q.-AGREEMENT between Great Britain and Ger-
many, respect inti tin- l)i^-nnr<i<ji ment of Annexations in
Rear of tlifir fylieres of 1 ntlii'-ni''' 'at E«*i Africa. Jt1'?/,
1887*
The Marquis of Salisbury to Sir E. Malet.
Foreign Office, 2nd July, 1887.
SIR,
BARON VON PLESSEN called at this Office on the 22nd ultimo
and stated that the German East African Association had
addressed a Petition to the Imperial Government, in which they
expressed their apprehensions lest the expedition undertaken by
Mr. Stanley for the relief of Emin Pasha should, after effecting
its purpose, be utilized for the establishment, or paving the way
for the establishment, of English Protectorates at the back of
the German sphere of action in East Africa.
The German Government, Baron von Plessen explained, did
not share the apprehension of the Company, inasmuch as in the
negotiations of last October respecting the delimitation of the
English and German spheres of influence in Eastern Africa
(No. 122), the main question was the arrangement of a line of
demarcation, on the north of which the English were free to
operate, while the Germans were to operate on the south of it.
England expressly engaged not to acquire Possessions, accept
Protectorates, or oppose the extension of German influence to
the south of the line of demarcation ; and although it was true
that no special geographical line had been expressly fixed by
agreement for the delimitation to the west, Baron von Plessen
said that the Imperial Government had started from the idea
that England would leave Germany a free hand for the future
in the territories south of the Victoria-Nyanza Lake, and, with-
out interfering with the territories lying to the east of the
Lakes Tanganyika and Nyassa at the back of the German Pro-
tectorate, would confine herself to opening up the territories
lying to the north of the agreed line. As, however, rumours
* S. P., vol. lnviii, p. 1047. See also Note, p. H81.
625
July, 1887.] GREAT BRITAIN" AND GERMANY. [No. 126
[Annexations in rear of Spheres of Influence.]
had reached the Imperial Government that Mr. Mackinuon,
who had largely contributed to the Emin Pasha Expedition, was
not alone actuated by purely philanthropic aims, but also enter-
tained views of a commercial and political character, which
rumours harmonized with the telegraphic report received from
Zanzibar, that he was treating with the Sultan for the collec-
tion of customs at Mombasa, Baron von Plessen stated that
his Government had deemed it expedient to lay an early
explanation of their views on this question before Her Majesty's
Government.
I have to instruct your Excellency with regard to this com-
munication to at once inform the German Government that Her
Majesty's Government take the same view of the question as is
entertained at Berlin, and are prepared to discourage British
annexations in the rear of the German sphere of influence, on
the understanding that the German Government will equally
discourage German annexations in the rear of the British
sphere.
I have further to request your Excellency to assure the
Imperial Government that there is no cause to apprehend that
Mr, Stanley's expedition will be used as a means of interference
with the territory under German influence, or in the rear of it ;
and to explain that Mr. MacKinnon's negotiations are merely
connected with the scheme of English capitalists for opening up
the interior in what is now the British sphere, which was
frequently referred to in the discussions between the two
Governments respecting the Delimitation Commission.
1 am, &c.,
SALISBURY.
Sir E. Malet.
(2.) — Mr. Scott to the Marquis of Salisbury.
Berlin, 8th July, 1887.
MY LORD,
I HAVE the honour to state that, in compliance with tl e
instructions of your Lordship's despatch of the 2nd instant, I
informed Count Bismarck to-day that, in reply to a verbal com-
626
No. 126. BBITAIJ LND GEBlf AST, .July, 1887-
•[Annexations in rear of Spheres of Influence.]
mnnication made at the Foreign Office by Baron Plessen in
repaid to certain apprehensions of the German East African
Company in connection with Mr. Stanley's expedition for the
ivlirf of Emin Pasha, I had been in^n -iifti-.l l>y your Lordship
to lose no time in stating to his Excellency thai ll< r M;tj
Government took the same view as the German Government of
the intention of the Agreement for delimiting the two spheres
of influence in Eastern Africa, and that they were prepared to
discourage British annexations in the rear of the German
sphere, on the understanding that the German Government
would equally discourage German annexations in the rear of
the British sphere.
I paid I had also been instructed to reassure him in regard
to Mr. Stanley's expedition.
That there might be no misunderstanding on this point, I
ventured to read the whole of your Lordship's despatch to his
Excellency.
Count Bismarck replied that your Lordship's explanation
was clear and most satisfactory, and he begged me to convey
his sincere thanks for the communication.
Baron Plessen, his Excellency added, had been quite correct
in stating that the German Government had not shared the
apprehensions of the Company, but he had thought it more
advisable and conformable with the good understanding between
the two Governments to have no concealments on these ques-
tions, bat to invite a frank exchange of views on this subject,
in order to be able authoritatively to set all such apprehensions
at rest.
At Count Bismarck's desire I have repeated my communi-
cation to him in writing, and for that purpose I have employed,
mutatis mutandis, the exact text of your Lordship's despatch.
I have, <Sc.,
CHARLES S. SCOTT.
The Marquis of Salisbury.
6-7
Dec., 1887.] anEAT BRITAIN ANJJ GERMAJSY. [No. 127
[Togoland. Volta.]
No. 127.— JOINT RECOMMENDATIONS of the British
and German Commissioners, with regard to the future
Limits of British and German Protectorates and Spheres
of Influence in the Territories lying in the Interior of the
Gold Coast Colony and the German Togo Protectorate.
December, 1887.
1. That the boundary line laid down in the Agreement
signed by the German and British Commissioners on the 14th
July, 1886, should be continued in such a manner as
to include within the German Protectorate the territories of
Towe, Kowe, and Agotime, and to leave within the British
Protectorate the countries of Aquamoo and Crepee (or Peki).
The exact definition of this boundary to be hereafter deter-
mined, if necessary, by a joint commission on the spot.
2. That between the northern limit of the territory of
Crepee and the mouth of the River Daka, the River Volta shall
form the line of demarcation between the spheres of influence
of the two countries, Great Britain undertaking not to acquire
auy protectorates to the east of that river, and Germany enter-
ing into a similar agreement with regard to the territories to
the west.
3. That a conventional line be drawn on the lati-
tude of the mouth of the River Daka, and that the two
Governments shall mutually agree to regard the territories
lying to the north of this line, within the limits marked on the
accompanying map,* as neutral ground, and to abstain from
seeking to acquire within them protectorates or exclusive in-
fluence.
4. If the second of these recommendations is adopted, the
Commissioners are of opinion that an agreement might properly
be concluded that, in the event of Germany extending her pro-
tectorate up to the River Volta within the limits mentioned,
the Imperial Government will engage not to levy duties upon
goods in transit, nor to place any other impediment in the way
* Not given.
628
No.: <;KI:\I BRITAIN AHD OEBMA SI Dec., 1887.
(Toffoland. Volta.]
nf trade lict ween tin- I'uitish 1'i-otectorate and the interior; tin;
British ( lovtTiimrnt uii'lertakin^ on their part, m thfi ev<>
the ej-t- 'a. <; ->n <>f tin' tl.i-in'iit Ti-"' ntioned, not to
levy transit duties within their Protectorate cast of the Kiver
Volta upon goods ]>assin</ I'miii the (lei-man 1'ioteotorate into
other districts oast of the Volta, not beintr Hritisli, or from the
same into tlu; (ii-nuan Protectorate.
[Approved by the British Government, 12th March, and by
the German Government, 14th March, 1888.]
See also Boundary Agreements between Great Britain and
Germany, 1st July, 1890, Art. 4, p. 646, and 15th November,
1893, p. 658.
o-29
17 Aug., 1889.] GREAT BRITAIN AND GERMANY. [No. 128
[Belgian Award. Dispute. "Witu. Farming of Customs.
Administration of Island of Lamu.]
No. 128.— BELGIAN AWARD on the Disputes between the
British East Africa Company and the German Witu,
Company respecting the Farming of Customs and the Ad-
ministration of the Island of Lamu. 17th August, 1889.
AWARD given on the 17th August by Baron Lambermont,
Minister of State of his Majesty the King of the Belgians,
on the subject of the Island of Lamu :
WE, Baron Lambermont, Minister of State of His Majesty
the King of the Belgians :
Having accepted the appointment of Arbitrator which has
been conferred on us by the Government of Her Majesty the
Queen of Great Britain and Ireland, Empress of India, and by
the Government of His Majesty the Emperor of Germany, King
of Prussia, with reference to a dispute which has arisen between
the Imperial British East African Company and the German
Witu Company :
Animated by the sincere desire to respond, by a scrupulous
and impartial decision, to the confidence which the two Govern-
ments have shown in us :
Having for that purpose duly examined and maturely con-
sidered the documents which have been produced on either side :
And desiring to give a decision upon the subject of the dis-
pute, which is the farming of the customs, and the administra-
tion of the Island of Lamu situate on the East Coast of
Africa :
One of the parties claiming for the German Witu Company
priority of right as to such farming :
The other contending that the late Sultan and the present
Sultan of Zanzibar undertook to concede the said farming to
the Imperial British East Africa Company, and that the ob-
jections raised on the part of Germany are not of a nature to
place any obstacle in the way of the Sovereign of the Island of
Lamu fulfilling the obligations contracted by his predecessor
and himself toward that Company.
630
No. 128 ».i;i'Vi BRITAIN AND GEBMA:^ 17 Aug., 1889.
[Belgrian Award. Dispute. Witu. Farming* of Customs.
Administration of Island of Lamu.]
I.
Consi'U rin^ that in the Meni»riindnni presented by <ln-
'Imperial tin-man Government, tin- right of tin- Witu Company
is, in the first place, stated to be derived from tin- Convention
made on the L'IMli Orinl.rr ami 1st November. I1- Si1., between
(lei-many and England (No. 122), and from the signification
said to have been attached to that Agreement by the contract-
ing Powers.
Whereas the said Convention circumscribed the area to
whieh it is to apply within expressly determined limits,
namely — starting from the sea — the Rovuma on the south and
the Tana on the north.
Whereas it then divided this space into two zone.', separated
by a line of demarcation following the Wanga or Umbe.
Whereas of these two zones, one is allotted exclusively to
German influence, which is to be exerci.ied to the south of the
line of demarcation, and the other exclusively to English in-
fluence, which is to be exercised to the north of the said line.
Whereas the respective limits of the two zones of influence
are thus clearly fixed, and are formed by the line of demarca-
tion and the perimeter, beyond which they cannot extend
without going out of the territory subject to the arrangement.
Whereas, to draw from the spirt or sense of the Convention
an inference which does not arise from its text, and which
would attribute to Germany exclusive freedom of action in the
territories situate to the north of the Tana, it would he neces-
sary that a special and fresh agreement should be made to that
effect between the Contracting Powers, and should be duly
proved.
Whereas no document is produced proving the existence of
such an agreement.
And whereas such proof does not ari^e fnnn the Note of the
British Government, dated 7th September, J888, inasmuch as,
in admitting that the sphere of English influence does not ex-
tend as far as the River Osi, that document is in perfect
harmony with the terms of the 1886 arrangement, which limits
its application to the territories'coinprised between the lunun.a.
and the Tana.
631
17 Aug., 1889. J GREAT BRITAIN AND GERM AN V. [No. 128
[Belgian Award. Dispute. Witu. Farming of Customs.
Administration of Island of Lamu.j
For these reasons :
We are of opinion that — save the clause which acknow-
ledges as belonging to the Witu territory the strip of coast
between Kipini and the northern end of the Bay of Manda — the
Anglo-German agreement of the 29fch October and 1st Novem-
ber, 1886 (No. 123), does not extend its effects either beyond
the Tana or beyond the Rovuma, and does not give either of
the parties a preferential right as to the farming of the
customs, and the administration of the Island of Lamu, which
is situated beyond the limits within which the said arrangement
is, according to its own terms, to have its application.
II.
Considering that, according to the German Memorandum,
the Islands of the Bay of Manda, from a geographical point of
view, belong to the Witu country, of which they are said to be
the prolongation ; that, looked upon from a commercial stand-
point, the Island of Lamu is the place of deposit for the goods
which come from the Witu country, or which are intended for
that German possession ; and lastly, that its connection with
the continent still further appears in regard to judicial or
political order, by reason of the manifold relations of the in-
habitants of the island with the continent, and the questions of
ownership, or of cultivation connected therewith ; the whole of
these facts demonstrating that the administration of the island
must be intrusted to the same hands as have the administration
of the continent ;
Considering that, on the other hand, the English Memoran-
dum represents the Island of Lamu as having for a long time
past been a mart for British commerce, a place where the
steamers of the British India Company trading to East Africa
touch, and a centre of commerce which is almost exclusively in
the hands of English merchants.
WHEREAS no argument drawn from the proximity of the con-
tinent could, so far as regards the Island of Lamu, prevail against
the formal clause of the Anglo-German agreement of the 29th
October and 1st November, 1886 (No, 123), which places that
632
No. 128 «,i:r \r r.i;i i \i\ UU> OBBM AFT 17 Aug., 1889.
[Belgian Award. Dispute. Witu. Farmlnjr of Customs.
Administration of Island of Lamu.]
island amongst the possession*, ilio sovereignty of \vlnVli is
!ickno\vlril_ri-,l in tin- Sultan of /an/ibar.
And if considerations based upon financial and administra-
tive interests or upon political convenience can show the
advantages or the disadvantage! offered by a solution in con-
formity \vitli tin- views of one or the other of the parties, such
reasons do not rank as a mode of acquisition recognised by
international law. »
For these reasons :
We are of opinion that neither the geographical connection,
nor the commercial connection, nor the political interest, pro-
perly so called, place either of the parties in a position to claim,
as a right, the cession of the customs and the administration of
the Island of Lamu.
III.
The questions of a prejudicial character being thus decided
and the discussion being reduced to the question of the engage-
ments said to have been entered into by the Sultans of Zanzibar
towards the two parties :
Considering that it is necessary to examine whether and to
what extent the engagements invoked by the two parties
combine the conditions necessary for the proof of their existence
and validity :
As regards the German Witu Company :
Considering that, on the 10th December, 1887, the Ger-
man Consul- General and Mr. Toeppen, the representative of
the Witu Company, had an audience of the Sultan Seyyid
Barghash, of which audience the Consul -General gave an
account to his Government by a report, which is not pro-
duced, but the analysis of which in the German Memorandum
ends with these words : " The result of this interview expanded
may be summed up in this sense, that the Sultan declared him
self to be at once ready (' sofort sich hereit erkliirte ') to grant
the Concession for the Islands of Manda Bay to the Witu
Company, as soon as the other arrangement with the German
Kast Africa Company should be concluded, and that he only
ilcsired to retain his freedom of action for the fixing of one
633
17 Aug., 1889.] GREAT BRITAIN AND GERMANY. [No. 128
[Belgian Award. Dispute. "Witu. Farming- of Customs.
Administration of Island of Lamu.]
method or the other of indemnifying him in money "; and that
in his letter of the 16th November, 1888, to the Sultan
Seyyid Khalifa, the Consul-General expresses himself thus :
" I take the liberty of recalling the fact that, under Seyyid
Barghash, negotiations were already carried on for a con-
cession of the islands of Marida Bay to the German Witu
Company, of which Air. Toeppen is the representative at Lamu.
Seyyid Bajghash received Mr. Toeppen in my presence, and
showed himself ready to assume such an engagement (' Seyyid
Barghash hat seine Bereitwilligkeit ein devartiges Abkommen
zu treffen ausgesprochen ') as soon as the Convention with the
East African Company should have been concluded."
Whereas the expressions made use of by the Sultan, taken
in their natural sense, would imply the intention of concluding
a Convention.
Whereas in order to transform this intention into a uni-
lateral promise, availing as a Convention, the harmony of
wishes ought to have been manifested by the express promise of
one of the parties, together with the acceptance of the other
party, and this harmony of wishes should have applied to the
essential elements which constitute the subject of the Convention.
Whereas in a case such as the one in question, the farming
of the customs and administration of a territory or a port must
be a mutual contract, comprising on the part of the lessor the
cession of the exercise of sovereign rights, which may be for-
mulated in very different manners as regards their subject and
their duration, and consisting on the part of the lessee of a fixed
or proportionate royalty.
Whereas in the words attributed to the Sultan, such as they
are summed up by the German Memorandum and reproduced in
the letter of the German Consul-General of the 16th November,
1888, the essential conditions of the contract to be entered into
are not fixed.
Whereas, if no law prescribes any special form for Conven-
tions between independent Slates, it is none the less contrary
to international usages to contract verbally engagements of that
nature and of that importance.
634
No. 128] (i!;i: \ i 1:1:1 1 \i.\ \M> <;i.u\i \\ V. |17 Aug., 1889.
[Belgian Award. Dispute. Witu. Farming1 of Custom •.
Admiuistration of Island of Lamu.]
Whoreas the adoption of the written form is particularlj
necessary in dealings with the Governments of but little-
eivili/ed nations, which often only attadi binding force to
promises made in a solemn form or in writing.
Whereas, especially in this case, tin- eziateoM <<f a verbal
Convention should bo shown by formal stipulations, and one
rould not, without grave detriment to the security and facility
of international relations, infer it from the simple statement
that one is ready to grant a concession ;
Whereas no other documents written about the period in
question are produced but the letter dated 21st November,
1887, in which the German Consul-General transmitted to
Sultan Seyyid Barghash the proposal of Mr. Toeppcn, and the
acknowledgment of the receipt by the Sultan, dated the same
day, and which said nothing about the actual issue.
Whereas between the 10th December, 1887, the date of the
promise alleged to have been made by the Sultan, and the
28th March, 1888, the date of his death, there is not produced
any document, or any written or verbal indication emanating
from His Highness, showing or implying his consent to the
proposal of the representative of the Witu Company.
Whereas, according to the reiterated assurances of the
present Sultan, given both to the German Consul- General and
to the English Consul-General, no trace of such acquiescence
has been discovered either in the archives of the Sultanate or in
the recollection of the employees, and though the written
documents just above mentioned have been found, Sultan Seyyid
Harghash's acknowledgment of receipt showed that at that date
His Highness had decided nothing.
Whereas, therefore, whatever sense one may attach to the
words of Sultan Seyyid Barghash, proof of the opening of the
negotiations only has been furnished ; and as regards the en-
gagement itself, although it is mentioned in the letter which
the German Consul- General wrote to the Sultan on the 16th
November, 1888, and though it is referred to in the despatch
addressed by that official to his own Government after the
audience of the 10th December, 1887, it must be a principle, in
17 Aug., 1889.] GREAT BRITAIN AND GERMANY. [No. 128
[Belgian Award. Dispute. "Witu. Farming1 of Customs.
Administration of Island of Lamu.]
international as in all other affairs, and irrespective of any
question of good faith, that one cannot create a title for one's
self.
Whereas, lastly, however worthy of confidence of the Consular
Agent may be, and putting his good faith absolutely out of the
question, the words of Sultan Seyyid Barghash were spoken in
Arabic and gathered and translated by a dragoman, without it
being possible to check the accuracy of such translation, and
their interpretation was neither confirmed by the Sultan nor
acknowledged by his successor ;
For these reasons :
We are of opinion that proof of the engagement said to have
been 'contracted by Sultan Seyyid Barghash on the 10th De-
cember. 1887, to lease the customs and the administration of the
Island of Lamu to the German Witu Company, is not furnished
with the proper sufficiency.
That consequently the said Company cannot found any
preferential or prior right upon the declarations of the Sultan
in the course of the interview which took place at that date.
Considering that it is necessary to examine whether the
facts which have occurred since the accession of the present
Sultan have not modified the soundness of these conclusions ;
Whereas, according to the German Memorandum, Sultan
Seyyid Khalifa is said to have declared to the German Consnl-
General, in June, 1888, that he would not grant any further
Concession without having come to an understanding with the
representatives of Germany and of England, and according to
the letter of the German Consul- General to the Sultan dated
the following 16th November, the latter had assured him that
there was as yet no English proposal, and that if any should be
put forward, he would ask the opinion of the German Consul-
General in advance*
Whereas, in his letter of the 12th January, 1889, to the said
Consul-General, Seyyid Khalifa denies that he made or could
have made such declarations, saying that the mistake might in
his opinion have arisen from a misunderstanding attributable
to the dragoman ; and in his letter of the 16th of the same
636
No. 128 J < : i; HAT BRITAIN [17 Aug., 1889.
[Belgian Award. Dispute. Witu. Farming of Customs.
Administration cf Island of Limu.]
month to the English Consul-General, which letter is inserted
in the English Memorandum, His Highness repeated his
denials.
Whereas, without putting in question the good faith of the
parties, one can and must acknowledge that the declarations in
question could not in themselves have conferred any right on
the Witu Company to the Island of Lamu.
And moreover, as regards their bearing in other respects,
tlu-y would come, by reason of their form, within the applica-
tion of the principles above enunciated.
For these reasons :
We are of opinion that the facts subsequent to the interview
of the 10th December, 1887, have not altered the bearing of
that interview as defined in the foregoing conclusions.
As regards the Imperial British East Africa Company :
Considering that, according to the English Memorandum,
the Sultans of Zanzibar have, since 1887, constantly held at the
disposal of Mr. William Mackinnon, his partners, and the future
JSiitisli Company, a concession of territories, including the
l.~-l;md of Lamu; that the said concession, far from being ever
rejected or withdrawn, is said to have been accepted from time
to time with regard to certain parts of these territories, the
remainder, and particularly Lamu, having been reserved for
tilt- >ubsequent disposal of the said persons and Company.
Whereas the Contract of cession which should form the
basis of these promises is represented only by a draft, which
bears neither date nor signature ;
Whereas, in that form, it can only be looked upon as a pvo-
posal made to Sultan Seyyid Barghash, without it being proved
that such proposal was transformed into a Concession from his
Highness to Mr. Mackinnon or into a general promise to cede
the administration from the Sultanate to the English Company,"
which promise the said Company had successively accepted
for the various parts of the territories belonging to the Sultan.
Whereas none of the subsequent documents alleged by the
English Company directly and cleirly mt-ntions this project,
which was never commenced to be carried out.
G37 2 T
17 Aug., 1889.] GREAT BEITAIN AND GERMANY. [No. 128
[Belgian Award. Dispute, Witu. Farming- of Customs.
Administration of Island of L.amu.]
Whereas the evidence of General Mathews, commander of
the Sultan's troops, which is recited in the English Memorandum
and was taken on oath on the 23rd January, 1889, mentions
negotiations entered into about nine years previously and carried
on up to the beginning of 1887, but does not cite any Conven-
tion concluded during that period.
Whereas the document in solemn form delivered by Sultan
Seyyid Barghash to the English Consul- General under date of
the 6th December, 1884, would have been useless if the Draft
of 1877 had had the force of a contractual promise abso-
lutely binding the Sultan towards the Imperial British
Company.
Whereas it is not possible, with the aid of the documents
produced, to connect with that draft, by a direct link showing
the execution of a previous perfect and valid Convention, the
negotiations which were resumed by Mr. Mackinnon in the
spring of 1887.
Whereas under date of the 22nd February, 1887, Sultan
Seyyid Barghash sent Mr. Mackinnon a telegram, in which his
Highness declared himself ready to grant him the Concession
which he (Mr. Mackinnon) had previously proposed, and this
offer was followed, on the 24th May, by the conclusion of an
agreement conceding to the Imperial British Company the strip
of coast from the Wanga to Kipini.
Whereas in that agreement no mention is made of the terri-
tories situate to the north of Kipini and comprising the Island
of Lamu.
Whereas with regard to these latter, the Imperial British
Company limits itself to invoking the evidence of General
Mathews to the effect that, to his knowledge, these territories
were offered by the Sultan to Mr. Mackinnon in 1887; that he
always understood that they were reserved, in accordance with
Mr. Mackinnon's wish, for a subsequent Concession ; and that
he was sent, as representative of the Sultan, to make a verbal
communication to Mr. E. N. Mackenzie, the agent of the
Imperial British Company, authorising him to inform Mr.
Mackinnon that all the territories to the north of the Kipini
638
No. 128! GREAT MUITM.N \ M» (J i-:i!M \.\ v 17 Aug., 1889
[Belgian Award. Dispute. Witu. Farming of Custom*.
Administration of Island of Lamu.]
would he offered to him in pi.-ri rcncr. when llicy f;une to be
leased or ceded.
Whereas, in the verbal message with which Gcnernl
Mathows was intrusted, whatever consideration his cvidenco
may merit, one cannot find^the elements of anaef ml .-nnl pOHi-
tive promise to grant a concession, whereof the essential con-
ditions were sufficiently determined.
And, as regards the reserved or anticipated acceptam
Mr. Mackinnon, it only forms the subject of a purely personal
opinion on the part of the General.
Whereas the evidence of General Mathews is in harmony
with the above quoted telegram of Sultan Seyyid Barghash
with reference to the intention of treating with the English,
ami this intention is found again and takes shape in the letter
addressed by his successor on the 26th August, 1888, to the
English Consul-General.
Whereas, however, if this latter letter constitutes a political
engagement between Government and Government not to cede
the administration of the Sultanate to any others than to
subjects of the Sultan, or to Englishmen, or to Mr. Mackinnon
so far as regards Zanzibar and Pemba, one does not yet find iu
it the direct and actual promise to cede to the Imperial British
Company itself all the ports of the north.
Whereas the intention of treating with the English is, more-
over, expressed in an evident manner in the letter of Seyyid
Khalifa to the German Consul-General, dated 12th January.
1889.
And there is no occasion to pay any regard to the objection
that this determination was vitiated through having had a false
cause, viz., that the Sultan Seyyid Khalifa only adopted it on
account of a promise which he believed to have been made by
his predecessor to the English Company, as the knowledge of
the communication made on the 22nd February, 1887, by his
predecessor, and the steps taken in the name of the latter by
General Mathews may legitimately have influenced his decision,
and the Sultan may, moreover, have decided not from one sole
motive, as appears from his said letter to the German Consul-
039 2 Y 2
17 Aug., 1889.] GREAT BRITAIN AND GERMANY. [No. 128
[Belgian Award. Dispute. "Witu. Farming' of Customs.
Administration of Island of Lamu.]
General and from those which he sent in the course of the same
month to the English Consul-General, and which are reproduced
in the English Memorandum.
Whereas the intention repeatedly manifested by Sultan
Seyyid Khalifa was transformed into a fact by the nego-
tiations which were opened in the month of January, 1889,
between his Highness and Mr. Mackenzie, the attorney of
Mr. Mackinnon.
Whereas in these negotiations the essential conditions of the
resumption of the administration and customs of the Island of
Lamu were put forward and discussed for the first time between
the parties.
Whereas harmony of wishes was established upon all points,
as is shown by the exchange of the letters of the 19th and 20th
January, 1889, between the Sultan and Mr. Mackenzie, com-
bined with the telegram from the Sultan to Mr. Mackinnon.
the 30th of the same month.
But whereas the document so prepared has not received the
signature of the Sultan, and the latter has subordinated it to
the removal of an obstacle which stopped his final determination.
For these reasons :
We are of opinion that the Sultan has remained free fco
dispose of the exercise of his sovereign rights, within the limits
traced out by the letter of his predecessor to Sir John Kirk of
the 6th December, 1884, and by the one which he himself
addressed to the English Consul- General on the 26th August,
1888.
And that the Imperial British East Africa Company does
not produce any engagement validly assumed towards it by any
of the Sultans of Zanzibar, and creating in its favour an exclu-
sive right to the resumption of the customs and the administra-
tion of the Island of Lamu.
Considering, lastly, that the signing of the Convention
formulated between the Sultan Seyyid Khalifa and the repre-
sentative of the Imperial British East Africa Company has only
been deferred in consequence of the opposition of the German
Consul- General.
640
NO. 128] GREAT BRITAIN UMAXY. ;i7 Aug., 188?.
[Belgian Award. Dispute. Witu. Farming of Cuntoms.
Administration of Island of Lamu.]
And whereas this opposition is founded upon the right of
priority claimed by the German Witn Company, the reality of
which right has formed the subject of the foregoing conclu-
sions :
For these reasons :
We are of opinion that the proposed agreement betwt-ui
the Sultan Seyyid Khalifa and the representative of the Im-
perial British East Africa Company on the subject of the Island
of Lamu can be signed without giving rise to any rightfully
founded opposition.
Done at Brussels in duplicate.
BARON LAMBEKMONT.
17th August, 1889.
C41
lJu.ly,18SO.] GEEAT BEITAIN AND GEEMANY. [No. 129
[East Africa.]
No. 129.— AGREEMENT between the British and German
Governments, respecting Africa and Heligoland. Berlin,
1st July, 1890.*
THE Undersigned, —
Sir Edward Baldwin Malet, Her Britannic Majesty's Am-
bassador Extraordinary and Plenipotentiary ;
Sir Henry Percy Anderson, Chief of the African Depart-
ment of Her Majesty's Foreign Office ;
The Chancellor of the German Empire, General von
Caprivi ;
The Privy Councillor in the Foreign Office, Dr. Krauel, —
Have, after discussion of various questions affecting the Colo-
nial interests of Germany and Great Britain, come to the follow-
ing A greement on behalf of their respective Governments : —
East Africa. German Sphere of Influence.
ART. I.f In East Africa the sphere in which the exercise of
influence is reserved to Germany is bounded —
German Sphere. To the North. River Umba to Victoria Nyanza.^
1. To the north by a line which, commencing on the coast at
the north bank of the mouth of the River Umba [or Wanga], runs
direct to Lake Jipe ; passes thence along the eastern side and
"round the northern side of the lake, and crosses the River Lume ;
after which it passes midway between the territories of Taveita
and Chagga, skirts the northern base of the Kilimanjaro range,
and thence is drawn direct to the point on the eastern side of
Lake Victoria Nyanza which is intersected by the 1st parallel
of south latitude ; thence, crossing the lake on that parallel, it
follows the parallel to the frontier of the Congo Free State,
where it terminates.
Mount Mfumbiro.
It is, however, understood that, on the west side of the laker
the sphere does not comprise Mount Mfumbiro ; if that moun-
* See also Agreements, 14th April, 1893, p. 654, and 15th November,
1893, p. 658.
f See also Article VI, p. 648.
t See Protocol, *™ g^^ 1892, p. 652, Agreement, 25th July, 1893,
p. 056, and Agreement between Great Britain and Belgium of 12th May,
1894, Appendix.
642
Map of the
NYASA-TANGANYIKA PLATEAU
Art. 1, § 2 of Anglo German Agreement
of 1st July, 189O
MAP
REFERRED TO IN ART.
OF THE
ANGLO -GERMAN AGREEMENT
OF 1»? JULY 1880
Boundary Line coloured,
The Stevenson, Road „
The, Stevenson, Road' was
not coloured an, the,
original map.
I.D.N9796.
N
ft, /« ., MM M3
NYASSA TANGANYIKA
PLATEAU
Map of the
N YASA-TANGAN Yl KA PLATEAU
Art. 1, § 2 of Anglo-German Agreement
of .1st July, 1890
No. 129J < i i; I \ I J3B1TAIN AND GERMAN V. [1 July, 1890.
[East Africa.]
tain shall prove to lie to the south of the selected parallel, the
lino shall bo deflected so as to exclude it, but shall, neverthe-
less, return so as to terminate at the above-named point.
German Sphere. To the South, ttovuma River to Lakes Nyassa
and Tanganyika (Stevenson's Road).
2. To the south by a line which, starting on the coast at
the northern limit of the Province of Mozambique, follows the
course of the River Rovuma to the point of confluence of the
Msin je ; thence it runs westward along the parallel of that point
till it reaches Lake Nyassa; thence striking northward, it
follows the eastern, northem, and western shores of the lake to
the northern bank of the mouth of the River Songwe ; it
ascends that river to the point of its intersection by the 33rd
degree of east longitude ; thence it follows the river to the
point where it approaches most nearly the boundary of the
geographical Congo Basin defined in the 1st Article of the Act
of Berlin (No. 17), as marked in the map attached to the
9th Protocol of the Conference.*
From that point it strikes direct to the above-named bound-
ary ; and follows it to the point of its intersection by the
32nd degree of east longitude ; from which point it strikes
direct to the point of confluence of the northern and southern
branches of the River Kilambo, and thence follows that river
till it enters Lake Tanganyika.
Map. Nyassa-Tanganyika Plateau.
The course of the above boundary is traced in general
accordance with a map of the Nyassa-Tanganyika Plateau,
officially prepared for the British Government in 1889. f
German Sphere. To the West. River Kilambo to Congo
Free State.
3. To the west by a line which, from the mouth of the
River Kilambo to the 1st parallel of south latitude, is conter-
minous with the Congo Free State.
* See map facing this page,
t See map facing this page.
643
1 July, 1890.] GREAT BRITAIN AND GERMANY. [No. 129
[East Africa.]
East Africa. British Sphere of Influence.
The sphere in which the exercise of influence is reserved to
Great Britain is bounded —
British Sphere. To the South. River Umba to Congo Free State.
1. To the south by the above-mentioned line running front
the mouth of the River Umba (or Wanga) to the point where
the 1st parallel of south latitude reaches the Congo Free State.
Mount Mfumbiro.
Mount Mfumbiro is included in the sphere.
British Sphere. To the North. River Juba to confines of Egypt
(Uganda, $*c.).
2. To the north by a line commencing on the coast at the
north bank of the mouth of the River Juba ; thence it ascends
that bank of the river and is conterminous with the territory
reserved to the influence of Italy in Gallaland and Abyssinia,
as far as the confines of Egypt.*
British Sphere. To the West. Basin of Upper Nile to Congo
Free State (Uganda, $'c.).
3. To the west by the Congo Free State, and by the western
watershed of the basin of the Upper Nile.
Withdrawal by Germany in favour of Great Britain of Protectorate
over Witu.
ART. II. f In order to render effective the delimitation
recorded in the preceding Article, Germany withdraws in
favour of Great Britain her Protectorate over Witu.
* See Great Britain and Italy, pp. 665, 667.
t See also Article XI, p. 650. On the 22nd October, 1889, the establish-
ment of a German Protectorate over the District lying between Witu and
Kismayu was announced in the German Official Gazette, and on the 20th
December following the British Government were informed that the German
Government maintained the claim of the Sultan of Witu to the Islands of
Manda and Patta, and did not recognize the right of the British East Africa
Company to take over the administration of these Islands in consequence of
the concession granted to the Company by the Sultan of Zanzibar (see GEE-
MANY AND AFBICA (EAST COAST), p. 315).
644
Map showing boundary between the
BRITISH &. GERMAN PROTECTORATES ON THE
S.W. COAST OF AFRICA
(Damaraland, Namaqualand, Bechuanaland)
in accordance with Agreement
of 1st July, 1890.
ART 111 OF THE: At*
of IS
REDUCED FROM THE ORIGINAL (iNTELLIGl
LRMAN AGREEMENT
90.
OF THE WAR orf/CE MAP , N? S+9
O
To face page 6*6
Map showing boundary between the
BRITISH A. GERMAN PROTECTORATES ON THE
S.W. COAST OF AFRICA
(Damaraland, Namaqualand, Bechuanaland)
in accordance with Agreement
of 1st July, 1890.
No. 129] GRKAT BR1TA 1 N A \ I ) GERMANY. fl July, 1890.
[East Africa. South-West Africa. Namaqualand, Ac.]
Recognition by Great Britain of Sultan of Witu's Sovereiynty.
Great Britain engages to recognize the sovereignty of the
Sultan of Witu* over the territory extending from Kipini to
the point opposite the Island of Kwyhoo, fixed as the boundary
in 1887.
Withdrawal of German Protectorate over adjoining Coast up to
KismayuJ to all other Territories North of Tana, and to
Islands of Patta and Manda.
Gennany also withdraws her Protectorate over the adjoin-
ing coast up to Kismayu, as well as her claims to all other
territories on the mainland, to the north of the River Tana, and
to the islands of Patta and Manda.
South West Africa. German Sphere of Influence.
ART. III.J In South-West Africa the sphere in which the
exercise of influence is reserved to Germany is bounded.
Namaqualand. Damaraland, Sfc.
1. To the south by a line commencing at the mouth of the
Orange River, and ascending the north bank of that river to
the point of its intersection by the 20th degree of east longi-
tude.
2. To the east by a line commencing at the above-named
point, and following the 20th degree of east longitude to the
point of its intersection by the 22nd parallel of south latitude,
it runs eastward along that parallel to the point of its inter-
section by the 21st degree of east longitude ; thence it follows
that degree northward to the point of its intersection by the
18th parallel of south latitude ; it runs eastward along that
parallel till it reaches the River Chobe ; and descends the
centre of the main channel of that river to its junction with
the Zambesi, where it terminates.
* The flag of the British East Africa Company was hoisted in all the towns
of Wituland at the end of April or beginning of May, 1892.
t See also Article XI, p. 650.
J See also Article VI, p. G48.
645
1 July, 1890.] GREAT BRITAIN AND GERMANY. [No. 129
[South- West Africa : Walfisch Bay. West Africa : Volta Districts.]
German Access to the Zambesi.
It is understood that under this arrangement Germany shall
have free access from her Protectorate to the Zambesi by a
strip of territory which shall at no point be less than 20 English
miles in width.
South- West Africa. JBritish Sphere of Influence. Bechuanaland,
Kalahari, Sfc.
The sphere in which tte exercise of influence is reserved to
Great Britain is bounded to the west and north-west by the
above-mentioned line.
Lake Ngami.
It includes Lake N"gami.
Map.
The course of the above boundary is traced in general
accordance with a map officially prepared for the British
Government in 1889.*
Walfisch Say.
The delimitation of the southern boundary of the British
territory of Walfisch Bay is reserved for arbitration, unless it
shall be settled by the consent of the two Powers within two
years from the date of the conclusion of this Agreement.f The
two Powers agree that, pending such settlement, the passage of
the subjects and transit of goods of both Powers through the
territory now in dispute shall be free ; and the treatment of
their subjects in that territory shall be in all respects equal.
No dues shall be levied on goods in transit. Until a settlement
shall be effected the territory shall be considered neutral.
Line of Boundary betiveen the British Gold Coast Colony and \
the German Protectorate of Togo.% Volta Districts.
ART. IV. In "West Africa —
* See also Article VI, p. 648.
t Not yet settled (July, 1894).
J On the 5th July, 1884, an Agreement was signed between Germany
and Togo, by which the territory of the King of Togo, situated on the West
Coast of Africa from the eastern frontier of Porto Seguro to the western
frontier of Lome or Bay Beach, was placed under the Protectorate of Germany.
646
Map showing boundary between the
BRITISH &. GERMAN PROTECTORATES ON THE
WEST COAST OF AFRICA
(Togolandt
in accordance with Art. 4 of the Agreement
of 1st July, 1890.
No.129! GREAT BRITAIN \ \ l> ' ; i:i:.M AN V. 1 July, 18CO.
[West Africa. Qulf of Guinea.]
1. The boundary between the German Protectorate of Togo
and the British Gold Coast Colony commences on the coast at
the marks set up after the negociations between the Com-
missioners of the two countries of the 14th and 28th of
July, 1866; and proceeds direct northwards to the 6° 10'
parallel of north latitude ; thence it runs along that parallel
westward till it reaches the left bank of the River Aka ;
ascends the mid-channel of that river to the 6° 20' parallel of
north latitude ; runs along that parallel westwards to the right
bank of the River Dchawe or Shavoe ; follows that bank of
the river till it reaches the parallel corresponding with the
point of confluence of the River Deine with the Volta ; it runs
along that parallel westward till it reaches the Volta ; from
that point it ascends the left bank of the Volta till it arrives
at the neutral zone established by the Agreement of 1888,
which commences at the confluence of the River Dakka with
the Volta.
Each Power engages to withdraw immediately after the
conclusion of this Agreement all its officials and employes from
territory which is assigned to the other Power by the above
delimitation.
Gulf of Guinea. Rio del Rey Creek.
2. It having been proved to the satisfaction of the two
Powers that no river exists on the Gulf of Guinea correspond-
ing with that marked on maps as the Rio del Rey, to which
reference was made in the Agreement of 1885* (No. 119), a
provisional line of demarcation is adopted between the German
sphere in the Cameroons and the adjoining British sphere,
which, starting from the head of the Rio del Rey Creek, goes
direct to the point, about 9° 8' of east longitude, marked
" Rapids " in the British Admiralty chart.f
Freedom of Goods from Transit Dues between River Bemie and
Lake Chad.
ART. V. It is agreed that no Treaty or Agreement, made
» See Agreement, g^~; 1885, p. 596.
t See also Agreements, 14th April, 1893, p. 654, and 15th November,
1893, p. 658.
647
1 July, 1890.] GREAT BRITAIN AND GERMANY. [No. 120
[East, West, and South-West Africa.]
by or on behalf of either Power to the north of the River
Benue, shall interfere with the free passage of goods of the
other Power, without payment of transit dues, to and from the
shores of Lake Chad.
Treaties in Territories between the Benue and Lake Chad.
All Treaties made in territories intervening between the-
Benue and Lake Chad shall be notified by one Power to the
other.
Lines of Demarcation subject to Modification.
ART. VI. All the lines of demarcation traced in Articles I
to IV shall be subject to rectification by agreement between
the two Powers, in accordance with local requirements.
Boundary Commissioners to be Appointed.*
It is specially understood that, as regards the boundaries
traced in Article IV, Commissioners shall meet with the least
possible delay for the object of such rectification.
Non-interference of either Power in Sphere of Influence of the
other.
ART. VII. The two Powers engage that neither will inter-
fere with any sphere of influence assigned to the other by
Articles I to IV. One Power will not in the sphere of the
other make acquisitions, conclude Treaties, accept sovereign
rights or Protectorates, nor hinder the extension of influence of
the other.
No Companies or Individuals of either Power to exercise Sovereign
Bights in Sphere of Influence of the other.
It is understood that no Companies nor individuals subject
to one Power can exercise sovereign rights in a sphere assigned
to the other, except with the assent of the latter.
Application of Berlin Act in Spheres of Influence within Limits of
Free Trade Zone.
ART. VIII. The two Powers engage to apply in all the
* See Agreements, 14th April, 1893, p. 654, and 15th November, 1893,
p. 658.
648
No.129: ORK.vi I:KI i \i.\ AND <;i .KM \.\ v. (Uuly,1890.
[East, West, and South-West Africa.]
portions of their respective spheres, within the limite of the
free zone defined by the Act of Berlin of 1885 (No. 17), to
which the first five articles of that Act are applicable at tho
date of the present Agreement.
Freedom of Trade.
The provisions of those articles according to which trade
enjoys complete freedom ;
Navigation of Lakes, Rivers, See.
The navigation of the lakes, rivers, and canals, and of the
ports on those waters is free to both flags ;
Differential Duties. Transport or Coasting Trade.
And no differential treatment is permitted as regards transport
or coasting trade ;
Duties on Goods.
Goods, of whatever origin, are subject to no dues except those,
not differential in their incidence, which may be levied to meet
expenditure in the interest of trade ;
Transit Dues.
No transit dues are permitted ;
Trade Monopolies.
And no monopoly or favour in matters of trade can be granted.
Settlements in Free Trade Zone.
The subjects of either Power will be at liberty to settle
freely in their respective territories situated within the free
trade zone.*
Freedom of Goods from Transit Dues, Sfc.
It is specially understood that, in accordance with these
provisions, the passage of goods of both Powers will be free
from all hindrances and from all transit dues between Lake
Nyassa and the Congo State, between Lakes Nyassa and Tan-
* See line coloured red on map facing page 246.
G49
1 July, 1890.] GREAT BRITAIN AND GERMANY. [No. 129
[East Africa. Zanzibar.]
ganyika, on Lake Tanganyika, and between that lake and the
northern boundary of the two spheres.
Trading and Mineral Concessions. Real Property Rights.
ART. IX. Trading and mineral concessions, and rights to-
real property, held by Companies or individuals, subjects of
one Power, shall, if their validity is duly established, be recog-
nized in the sphere of the other Power. It is understood that
concessions must be worked in accordance with, local laws and
regulations.
Protection of Missionaries.
ART. X. In all territories in Africa belonging to, or under
the influence of either Power, missionaries of both countries
shall have full protection.
Religious Toleration and Freedom.
Religious toleration and freedom for all forms of divine
worship and religious teaching are guaranteed.
Cession to be made by Sultan of Zanzibar to Germany of Posses-
sions on the Mainland and of Island of Mafia.
ART. XI. Great Britain engages to use all her influence to-
facilitate a friendly arrangement, by which the Sultan of
Zanzibar shall cede absolutely to Germany his Possessions on
the mainland comprised in existing Concessions to the German
East African Company, and their Dependencies, as well as the
Island of Mafia.*
It is understood that His Highness will, at the same time,,
receive an equitable indemnity for the loss of revenue resulting
from such cession.
* On the 27th-28th October, 1890, an exchange of Notes took place
between the Representatives of Great Britain and Germany, at Berlin (with
the consent of the iSultan of Zanzibar), for the permanent cession to Germany
of the coast line between the Rivers Umba and Rovuma, and of the Island of
Mafia.
650
A MAP SHEWING COAST LINE OF GERMAN POSSESSIONS
BETWEEN THE VANGA A ROVUMA RIVERS. 1890.
'.•.-- - • •
British
German
Portuguese
ZANZIBAR 1.
o, %o7£fc^£/ Jnynhwa
WAN DON Dl
AK I T C H I
Map showing coast Line of the
GERMAN POSSESSIONS BETWEEN THE VANGA &.
ROVUMA RIVERS
1890.
No. 129] <;KKAT i;i;n \i\ AND (;I:I:M \\ v. [Uuly,1890.
[East Africa. Zanzibar.]
German Recognition of Jlritish Protectorate over remaining
Dominions of Sultan of Zanzibar, including Islands of Zanzi-
bar and Pemba, and Wit it.
Germany engages to recognize a Protectorate of Great
Britain over the remaining dominions of the Sultan of Zanzi-
bar, including the Islands of Zanzibar * and Pemba, as well as
over the dominions of the Sultan of Witu,f
Withdrawal of German Protectorate up to Kismayu.
And the adjacent territory up to Kismayu, J from which her
Protectorate is withdrawn. It is understood that if the cession
of the German Coast has not taken place before the assumption
by Great Britain of the Protectorate of Zaiizibar,§ Her Majesty's
Government will, in assuming the Protectorate, accept the
obligation to use all their influence with the Sultan to induce
him to make that cession at the earliest possible period in con-
sideration of an equitable indemnity.
ART. XII. Ccssi<)n of Heligoland by Great Britain to Germany. \\
EDWARD B. MALET.
H. PERCY ANDERSON,
v. CAPRIVI.
K. KRAUEL.
Berlin, 1st July, 1890.
* See Notification of British Protectorate over Sultan of Zanzibar's
Dominions, 4th November, 1890. Great Britain and Zanzibar, p. 766.
t See also Art. 2, p. 644. See Notification of British Protectorate over
"Witu, &c., 19th November, 1890. Great Britain, Africa (East Coast), p. 327.
£ See also Art. 2, p. 645. The Harbour and District of Kismayu were
assigned to the British sphere of influence by § 1 of the Anglo-Italian
Agreement of 24th March, 1891, see p. 665.
§ Provisional Agreement signed 14th June, 1890. Notification of
British Protectorate, 4th November, 1890. (See Great Britain and Zan-
zibar, p. 766.)
H See Hertslet's " Map of Europe by Treaty," vol. iv, p. 3286.
651
24th December, 1892-] GREAT BRITAIN AND GERMANY. [No. 130
[Lake Jipe and Kilimanjaro.]
No. 130. — PROTOCOLS between the British and German
Commissioners for the Delimitation of the Anglo-German
Boundary in East Equatorial Africa. Signed at Taveta,
on the 27th October, and at Zanzibar, on the 2±th December,
1892.*
(1.)— Protocol. Taveta, 27th October, 1892.
ME. CHARLES STEWART SMITH, Her Britannic Majesty's
Consul at Zanzibar, the British Commissioner for the delimita-
tion of the Anglo-German boundary in East Equatorial Africa ;
and
Dr. Carl Peters, the Imperial German Commissioner for the
delimitation of the Anglo-German boundary in East Equatorial
Africa ;
Having visited the south end of Lake Jipe, and having
marked a spot on the water's edge with a pile of stones, agree
to recommend to their respective Governments that this spot
should be considered the point to which the boundary runs
from the coast.
The pile of stones is situate at the point where the parallel
of latitude 3° 40' 4O3" south, according to the British observa-
tions, 56 in number, or 3° 40' 35-6" according to the German
observations, 17 in number, cuts the eastern border of the
Lake Jipe.
CHARLES STEWART SMITH.
CARL PETERS.
Taveta, 27th October, 1892.
(2.) — Protocol. Zanzibar, 24ith December, 1892.
THE Undersigned, Mr. C. S. Smith, British Consul at
Zanzibar, British Commissioner for the delimitation of the
Anglo-German boundary in East Equatorial Africa, and
* See also Agreement, 25th July, 1893, p. 656.
652
No. 130] GKK \ T I MM TAIN AM) (ii • i. [II December, 1892'
[Lake Jipe and Kilimanjaro.]
l>r. Curl I'rtiT.-, Imperial German Commissioner, agree to the
following : —
Having carefully examined the Anglo-German boundary in
East AtYirii from (he coast to the northern side of the Kili-
manjaro, the above-named Representatives of the two Govern-
ments ii^ivr to recommend to tlu-ir ve Governments to
negotiate directly concerning the exact position of the boundary-
line.
For the British Commissioner, differing from the German
Commissioner, considers that certain parts near to and on the
Kilimanjaro have not yet been disposed of by Treaty, and,
therefore, carmot be considered as belonging to Germany;
and
The German Commissioner, differing from the British Com-
missioner, is of opinion that the wording of the Treaty does
not clearly show whether Wanga belongs to the British or
German spheres of interest.
The above-named Commissioners agree, however, to recom-
mend to their respective Governments to consent that the
boundary-line should meet Lake Jipe at (he point where the
parallel of 3° 40' 40'3 south, or 3° 40' S5'0" south, cuts its east
bank, according to the terms of the Protocol signed by them
on the 27th October, 1892 (p. 652).
Since the two Boundary Commissioners are not agreed with
regard to the terminal point of the boundary-line on the coast,
and its course around the Kilimanjaro, they are unable to sub-
mit further proposals for the position of the boundary until the
two High Governments have decided concerning the districts
which are in question.*
C. S. SMITH, British Commissioner.
DR. CAEL PETERS, Kaisorlich Deutscher
Kommissar.
Zanzibar, 24th December, 1892.
* Sec Agreement, 25th July, 1893, p. 656.
2 z
14 April, 1893.] GREAT BRITAIN AND GERMANY. [No. 131
[Rio del Key.]
No. 131.— AGREEMENT between Great Britain and Ger-
many respecting the Rio del Ret/, on the West Coast of
Africa. Signed at Berlin, 14th April, 1803.*
The Undersigned:
1. The Honourable P. Le Poer Trench, Her Britannic
Majesty's Charge d' Affaires and First Secretary of Embassy;
2. Sir Claude Macdonald, Her Britannic Majesty's Commis-
sioner and Cons nl- General of the Oil Rivers Protectorate;
3. Dr. Kayser, Privy Councillor, Chief of the Colonial
Department of the Imperial German Foreign Office ;
4. B. von Schiickmann, Imperial Councillor in the Foreign
Office;
After discussion of various questions affecting he fiscal
interests of Germany and Great Britain in their respective
jterritories in the Gulf of Guinea and without prejudice to the
conditions laid down in Section 2, Article IV, of tho Anglo-
German Agreement of the 1st July, 1890 (No. 129), as also
the conditions laid down in the Anglo-German Agreements of
the 2oth A,n-n, 1685 (No. 119), and the "thJuiy, 1886 (No 122)
7th May, 2nd August,
have come to the following Agreement on behalf of their re-
spective Governments :
AET. I. That the point named in Section 2, Article IV, of
the Anglo-German Agreement of 1st July, 1890 (No. 129), as
the head or upper end of the Rio del Rey Creek shall be the
point at the north-west end of the Island lying to the west of
Oron, where the two waterways, named Uriifian and Ikankan,
on the German Admiralty Chart of 1889-90,t meet.
ART. II. From this npper end of the Rio del Rey to the sea,
that is to say, to the promontory marked West Huk on the
above mentioned chart, the right bank of the Rio del Rey
waterway shall be the boundary between the Oil Rivers Pro-
tectorate and the Colony of the Cameroons.
* Signed in the English, and German languages. See also Agreement,
15th. November, 1893, p. fio8.
t " Miindungsgebiet der Fliisse Aqua Jafe, Rio del Rey, Meta, Audon-
kat, at;d Meme. Aufgenommen vom Kommando S.M. Kr. ' Habicht.'
1889-90."
654
Map to Illustrate
THE BOUNDARY AGREEMENT BETWEEN
GREAT BRITAIN & GERMANY (RIO-DEL-REY.)
of 14^ April 1893
To
R
654
*esv?*» *\ '; \^
"-*-•>.» A
•*\*^. A
Map to illustrate the boundary Agreement between
GREAT BRITAIN & GERMANY (RIO DEL REY)
Of 14th April, 1893.
No.131 ORi-Ai' !;i;:i \i\ \\ :> «;I-:IJM \ -. v. ; 14 April, 1893.
[Bio del Key.]
AIM. III. 'I'll!- German Colonial Administration engages not
t.i allow any t r.id-'-s.-t I Irmriit s to exist, or be erected on the
ri^-ht bank of tin- Rio del |{ey (Ye-k or waterway, hi like
inaniirr the Administration of the Oil Rivers IV
engages not to allnv, any ti-.idt-scl t lenient s to exist or be
i-nvtrd mi the western bank of the Backasay (Baka
Pcninsnla from the first creek In-low Arcliibon^'s (Ai>ilion\)
village to the sea, and eastwards from this l-avk to iln- IIi<; del
waterway.
(L.S.) P. LE POER TRENCH.
(L.S.) CLAUDE M. MACDONALD.
(L.S.) DR. KAYSER.
(L.S.) B. v. SCHUCKMANK
Berlin, April 14th, 1893.
C55 2 z 2
25 July, 1893.] GREAT BRITAIN AND GERMANY. [No. 132
[Boundaries. TJmba River to Lake Jipe. Kilimanjaro.]
NO. 132.— AGREEMENT between Great Britain and Ger-
many respecting Boundaries in East Africa from the
Mouth of the Umla River to Lake Jipe and Kilimanjaro.
Signed at Berlin, 25^/A July, 1893.
THE Undersigned, Sir Edward Baldwin Malet, Her Britannic
Majesty's Ambassador Extrordinary and Plenipotentiary ; Mr.
Charles Stewart Smith, Her Britannic Majesty's Consul at
Zanzibar; Baron Marschall von Bieberstein, Privy Councillor,
Imperial German Secretary of State for Foreign Affairs; and
Dr. Carl Peters, Imperial Commissioner, have agreed, on behalf
of their respective Governments, in partial execution of the
provisioi'S of Article I of the Anglo-German Agreement of the
1st July, 1890 (No. 129), that the boundary between the British
and German spheres of interest in East Africa from the Indian
Ocean to the northern side of the Kilimandsharo shall run as
follows : —
Section 1. On the coast the line shall start from the high-
water mark on Ras Jimbo, and shall run from thence in a
straight Hue to the point where the parallel of 3° 40' 40'3" S.
(astronomically detei'mined) cuts the eastern bank of Lake Jipe.
But on the coast the boundary shall be deflected as follows : It
shall run from the Indian Ocean along the northern bank of
the Jimbo Creek, making the foreshore in the British sphere, as:
far as the eastern mouth of the NgobAve Ndogo. It shall then
follow the eastern bank of the Ugobwe Creek to its end, and
then run to the point where the above described straight line
from Ras Jimbo to Lake Jipe meets the rising ground on which
the village of Jasini stands.
Section 2. From the point on Lake Jipe, described in
Section 1, the boundary line shall follow the eastern side of
Lake Jipe, and round the northern side of the lake crossing the
River Lumi, and following the northern bank of tie Rufu
River (by which is also understood its swamp), as far as the
point which is distant 1 English mile east of the German road
going from the Marangu station to the coast. From thence it
shall run to the summit of Chala Hill in the manner shown in
656
Map to illustrate
ANGLO-GERMAN BOUNDARY AGREEMENT
of 25th July, 1893.
MAP TO ILLUSTRATE ANGLO-GE
UMBA RIVER TO L
i AGREEMENT OF 251? JULY 1893.
IIPE & KILIMANJARO.
Map to illustrate
ANGLO-GERMAN BOUNDARY AGREEMENT
of 25th July, 1893.
No. 132 ORBIT BETTAIH \.\n c. i:u\i \\ V 25 July, 1893.
[Boundaries. Umba River to Lake Jipe. Kilimanjaro.]
tli<> annexe 1 tnip. Tho boundary lino shall l>i>eet tin- Clmla
Lake. I'Yoai the north side of tin- Cliala Lake onwards (he
boundary line shall run parallel to f In- i ruck, as shown in (he
annexed man, and 1 Kiiglish mile west of it as far as t he latitude
of the so-called User! Camp. It shall then run a: MCO of
1 kilom. south-west of the (rack shown in the annex d map as
p)inLC 1" L liiiikiiok, as far as the poinf \vheiv il CTOSIOfl the
•re Long-i (Roogei).
Section ."». With reference to tho annexed maps the provi-
sions of the attached Protocol of the 8th instant shall hold
good. (See below.)
Berlin, 25th. July, 1893.
EDWARD B. MALET.
CHARLES STEWART SMITH.
PROTOCOL respecting Maps and Surveys. 8th July, 1893.
THE Undersigned, Mr. Charles Stewart Smith, Her Britannic
Majesty's Consul at Zanzibar, the British Commissioner, and
Dr. Carl Peters, the Imperial German Commissioner for the
Delimitation of the Anglo-German Boundary in East Equatorial
Africa, agree to adopt as the basis for the negotiations respect-
ing the Anglo-German Boundary in East Equatorial Africa the
maps constructed on the triangulation of Commissioner Smith,
together with the survey of the neighbourhood of Vanga con-
ducted by Lieutenant Fromm of the Imperial German Navy.*
The future correction of mistakes, if such should ba proved
to exist by further examination, is mutually reserved.
Berlin, 8th July, 1893.
C. S. SMITH,
British Commissioner.
* Sheet 1. From the mouth of the Umba River to Lake Jipe.
„ 2. Kilimanjaro and the neighbourhood.
„ 3. Mouth of the Umba and Wanga.
„ 4. Triangulation chart.
„ 5. Position of Ras Jinibo.
See reduced map facing this page. The 5 sheets above mentioned
were laid before Parliament with tlie Agreemi'iu.
f>57
15 NOV., 1893.] GREAT BRITAIN AND GERMANY. [No. 133
[Boundaries. From Gulf of Guinea into the Interior.]
No. 133.— AGREEMENT between Great Britain and
Germany respecting Boundaries in Africa. Signed in the
English and German Languages at Berlin, 1.5th Novcmli r,
1893.
The Undersigned,
1. Mr. Martin Gosselin, Her Britannic Majesty's Charge
d' Affaires ;
2. Baron von Marschall, Actual Privy Councillor, Imperial
German Secretary of State for Foreign Affairs.
Boundaries. Gulf of Guinea into the Interior.
After discussion of points connected with the qiiestion of
the delimitation of the boundary between the territories under
the influence of their respective Governments in the region ex-
tending into the interior from the Gulf of Guinea, which
question has already been partially determined by the Anglo-
German Agreements of the ?g^, 1885 (No. 119) ,J^,
1886 (No. 122), 1st July, 1890 (No. 129), and April 14th,
1893 (No. 131), have come to the following Agreement on
behalf of their respective Governments : —
Point to East of and close to Yola.
Art. I. The above-quoted Agreement of 1886 (No. 122)
having stipulated that the point where the boundary shall reach
the River Benue shall be fixed to such a point to the east of and
close to Tola as may be found on examination to be practically
suited for the demarcation of a boundary, that point shall be
fixed as follows : —
The boundary, drawn from the point on the right bank of
the Old Calabar or Cross Rivor, about 9° 8' of longitude east of
Greenwich, marked u Rapids " in the English Admiralty Chart
referred to in the above-quoted Agreement of 1885 (No. 119),
shall follow a straight line directed towards the centre of the
present town of Yola.
* Par. Pap., Treaty Scries, No. 17, 1893. See map facing this page.
658
No. 133J GREAT BRITAIN AND GERMANY. [15 Nov., 1893.
[Tola. Lake Chad.]
From that ceutre a measuring lino shall be drawn to a point
on the left bank of the Riv< r 1'n-iuio five kilometres below the
centre of the main mouth of River Faro; from the latti-r point
the circumference of a circle, the centre of which is that of the
present town of Yola, and the radios of which is the aforesaid
measuring line, shall be described, south of the Bruuo, con-
tinuing till it shall meet the straight line drawn from the Old
Calabar or Cross River. The boundary, deflecting from that
straight line at this point of intersection, shall follow the cir-
cumference of the circle till it shall arrive at the point where
the circumference reaches the Benue. This point on the Benue
shall henceforth be accepted as the point to the east of, and
close to, Yola, mentioned in the Agreement of 1886 (No. 122).
Continuation of Boundary Line to Lake Chad.
ART. II. The boundary determined in the preceding Article
shall be continued northward as follows: —
A line shall be drawn from the point on the left bank of
the River Beuue fixed in that Article, which, crossing the river,
shall go direct to the point where the 13th degree of longitude
east of Greenwich is intersected by the 10th degree of north
latitude. Prom that point it shall go direct to a point on the
southern shore of Lake Chad, situated 35 minutes east of the
meridian of the centre of the town of Kuka, this being the
distance between the meridian of Kuka and the 1 4th meridian
east of Greenwich measured on the map [by Kiepert*] pub-
lished in the German Kolonial Atlas of 1892. f
In the event of future surveys showing that a point so fixed
assigns to the British sphere a less proportion of the southern
shore of Lake Chad than is shown in the aforesaid map, a new
terminal point making good such deficiency, and as far as
possible in accordance with that at present indicated, shall be
fixed as soon as possible by mutual agreement. Until such
* These words were accidentally omitted from the English text of the
Agreement, but it waa arranged by an exchange of Notes, signed at Berlin,
23rd December, 1893, that they should be considered as forming part and
parcel of the context of Art. II in the same juxtaposition as they appear in
the German text.
t " Deutocher Kolonial Atlas."
659
15 NOV., 1893.] GREAT BRITAIN AND GERMANY. [No. 133
[Basin of River Sliari. Darfur, Kordofan, and. Bahr-el-Ghazal.]
agreement is arrived at, the point on the southern shore of
Lake Chad, situated 35 minutes east of the meridian of the
centre of the town of Kuka, shall be the terminal point.
Boundary Line Subject to Rectification.
ART. III. Any part of the line of demarcation traced in
this Agreement, and in the preceding Agreements above quoted,
shall be subject to rectification by agreement between the two
Powers.
British and German Spheres of Influence.
ART. IV. The territories to the west of the boundary line
traced in the present Agreement, and in the preceding above-
quoted Agreements, shall fall within the British sphere of
influence, those to the east of the line shall fall within the
German sphere of interest.
German Sphere not to Extend Eastward beyond the Basin of the
River Shari, Darfur, Kordofan, and Bahr-el-Ghazal.
It is, however, agreed that the influence of Germany in
respect to her relations with Great Britain shall not extend
eastwards beyond the basin of the River Shari, and that Darfur,
Kordofan, and Bahr-el-Ghazal, as defined in the map pub-
lished in October, 1891, by Justus Perthes, shall be excluded
from her influence, even if affluents of the Shari shall be found
to lie within them.
Non-interference of either Power in Sphere of Influence of the
other.
ART. V. The two Powers take, as regards the extended
spheres of influence traced in the present Agreement, a similar
engagement as regards their respective spheres to that taken
in the preceding above-quoted Agreements.
They agree that neither will interfere with the sphere of
influence of the other, and that one Power will not, in the
sphere of the other, make acquisitions, conclude Treaties, accept
sovereign rights or Protectorates, or hinder or dispute the
influence of the other.
GOO
Map to illustrate the boundary between
GREAT BRITAIN & GERMANY IN WEST AFRICA
according to Agreement of 15th November, 1893.
Map to illustrate the boundary between
GREAT BRITAIN & GERMANY IN WEST AFRICA
according to Agreement of 15th November, 1893.
No. 133 GREAT mm1 vi \ un> GERMANY. ; 24 Feb., 1894.
[Navigation of the Niger.]
Navigation <>f the. A"/.,-
ART. VI. Great Uritain recognizes her obligation to apply
as regards the portion of the waters of the Niger ami it.-,
affluents under her sovereignty or protection, the provisions
relating to freedom of navigation enumerated in Articles 2<">, 27,
28, 29, .SO, and 33 of the Act of Berlin of February 26, 1885
(No. 17). Germany on her side recognizes her obligation,
under the 32ml Article, to be bound by those provisions as
regards the portion of the waters under her control.
Berlin, the 15th November, 1893.
MARTIN GOSSELIN.
FRHE. VON MARSCHALL.
On the 24th February, 1894,* a Convention was concluded
Taetween Great Britain and Germany, establishing a Customs
Union between the Gold Coast Colony, east of the Volta, and
Togoland.
It was stipulated therein that the British possessions on the
Gold and Slave Coasts, lying to the east of the River Volta and
the German possessions on the Gold and Slave Coasts should
form a single Custom Territory, without any intervening
Customs barrier, in such a manner that one and the same rate
of Customs Duty should be levied within them, and that goods
having paid Customs Duty on the one territory might be
imported into the other without additional payment.
HINTERLAND. — On the 9th November, 1884, the German
Ambassador in London (Count Munster) addressed a note to
Earl Granville on the subject of the Cameroons Territory, in
which he said : —
" The distance to which the frontiers of the German Protec-
torate extend inland cannot at present be defined. In regard
to this the Imperial Government reserves its freedom of decision,
•in the same way as the English do in the occupation of portions
* Par. Paper. " Treaty Series. No. 16 (1894)."
GO I
24 Feb., 1894.] GREAT BRITAIN AND GERMANY. [No. 133
[Navigation of the Niger.]
of a Coast line, as shown recently by the proclamation of a
British Protectorate over the South Coast of New Guinea, as
to which Mr. Ashley stated, on the 2oth ult. in the House of
Commons, that it was not then possible to define the inland
frontiers of the English Protectorate, but that the Protectorate
would be extended as far as local circumstances might demand."
(S. P., vol. Ixxvi, p. 758.)
662
GREAT BRITAIN AND ITALY.
GREAT BRITAIN AND ITALY.
LIST OF TREATIES, &c.
No. Page
— 3 Feb., 1885. Proclamation.. Italian occupation of Massowah. (See
Abyssinia, &c., and Italy.)
134 17 Aug., 1888. Declaration. . . . Abolition of British Consular Juris-
diction at Massowah 664
— 22 Dec., 1890. Agreement Great Britain, G-ennany, and Italy.
Tariff of Eastern Zone of Conven-
tional Basin of the Congo. (See
Africa. (General.) )
135 24 Mar., 1891. Protocol British and Italian Spheres of In-
fluence in Eastern Africa. Biyer
Juba to Blue Nile. (Map.) 6G5
136 15 April, 1891. Protocol British and Italian Spheres of In-
fluence. Has Kasar to Blue Nile.
(Map.).. .*. 667
136* 5 May, 1894. Protocol British and Italian Spheres of
Influence in the Regions in Eastern
Africa.., ... 670
6G3
17 Aug., 1888.] GREAT BRITAIN AND ITALY. [No. 134
[Consular Jurisdiction. Massowah.]
No. 134.— BRITISH DECLARATION. Abolition of
British Consular Jurisdiction at Massowah. Vltli AuyuxL
1888.
Declaration.
WHEKKAS the Island of Massowah, and the adjacent terri-
tories on the mainland, are occupied and administered by His
Majesty the King of Italy,* and a judicial system has been
established there, based on the principles of European law ; and
whereas Her Majesty's Government recognize that the system
of the Capitulations is incompatible with the existing situation.
It is hereby declared that any Consular officers whom Her
Majesty may appoint to reside at Massowah shall not take any
exception, based on the Capitulations,f to the jurisdiction esta-
blished there by His Italian Majesty's Government, and shall
not exercise any rights and functions nor claim any privileges
other than those which appertain to the Consuls of Her
Britannic Majesty residing in the Italian Kingdom.
SALISBURY.
Foreign Office, 17th August, 1888.
* See Itali in Proclamation, 3rd February, 1885, n. 8.
f British Capitulations. Turkey. 1675. H.T., vol. ii, p. 346.
No.135 GREAT BRITUX \\i> n \I,Y. 1 24 Mar., 1891.
[Spheres of Influence. River Juba to Blue Nile.]
No. I35.—PMTOCOL between the British mad
Ghvernm ntsfor the- Demarcation of tln-ir respective /y/<
of Influence in East <: IT Aj'rn-n, from tin' J!'n-> /• Julm In tin-
. 1' \>h. March, 1891.
(Translation.)
'!'lu> Undersigned,
The Marquis of Dufferin and Ava, Ambassador of Her
Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India; and
The Marquis de Rudini, President of the Council, and
Minister for Foreign Affairs of His Majesty the King of
Italy;
After careful examination of the respective interests of the
two countries in Eastern Africa, have agreed as follows : —
Line of Demarcation of British and Italian Spheres of influence
from the River Juba to the Blue Nile.
Kismayu to remain to England.
1. The line of demarcation in Eastern Africa between the
spheres of influence respectively reserved to Great Britain and
Italy shall follow from the sea the mid-channel (thalweg)
of the River Juba up to latitude 6° north, Kismayu with its
territory on the right bank of the river thus remaining to
England. The line shall then follow the 6th parallel of north
latitude up to the meridian 35° east of Greenwich, which it will
follow up to the Blue Nile.*
Line may be altered by mutual agreement.
2. If future explorations should hereafter show occasion, the
line following the 6th parallel of north latitude and the 35th
degree of longitude east of Greenwich, may, by common agree-
ment be amended in its details in accordance with the hydro-
graphic and. orographic conditions of the country.
* See also Protocols, 15th April, 1891, p. 667, and Sfcli May, 189-i, p. 670.
665
24: Mar., 1891.] GUlEAT BKITAIN AND ITALY. [No. 135
[Spheres of Influence. River Juba to Blue Nile.]
Equality of Treatment between British and Italian Subjects and
protected Persons at Kismayu.
3. In the station of Kismayu and its territory, there shall be
equality of treatment between the subjects and protected persons
of the two countries, in all that relates to their persons, their
goods, or to the exercise of any kind of commerce and in-
dustry.
Done at Rome, in duplicate, the 24th March, 1891.
(L.S.) DUFFERIX AND AVA.
(L.S.) EUDINI.
[The demarcation of this boundary was completed towards
the north, as far as the Red Sea, by the Protocol of 15th April,.
1891. See p. 667.]
666
No. 136] GREAT BRITAIN AND ITALY. [15 April, 1891.
[Sphere* of Influence. Bas Kaaar to Blue Nile.]
No. \3G.— PROTOCOL between Great Britain and Italy for
the Demarcation of their respective Spheres of Influence in
Hast A/rim, from Eos Kasar to the Blue Nile. 15th
April, 1891.»
(Translation.)
BEING desirous of completing, towards the north as far as
the Red Sea, the demarcation of the respective spheres of in-
fluence of England and Italy, which the two Parties have
already agreed on by the Protocol of the 24th March last
(No. 135), from the mouth of the Juba in the Indian Ocean to
the intersection of 35° east longitude of Greenwich with the
Blue Nile, the Undersigned :
The Marquis of Dufferin and Ava, Ambassador of Her
Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Empress of India ;
The Marquis de Rudini, President of the Council and
Minister for Foreign Affairs of His Majesty the King of
Italy ;
Have agreed as follows : —
Line of Italian Sphere of Influence from Has Kasar to the Blue
Nile.
I. The sphere of influence reserved to Italy is bounded on
the north and on the west by a line drawn from Ras Kasar
on the .Red Sea to the point of intersection of the 17th parallel
north with the 37th meridian east Greenwich. The line,
having followed that meridian to 16° 30' north latitude, is
drawn from that point in a straight line to Sabderat, leaving
that village to the east. From that village the line is drawn
southward to a point on the Gash 20 English miles above
Kassala, and rejoins the Atbara at the point indicated as being
a ford on the map of Werner Munzinger " Originalkarte von
Nord Abessinien und den Landern am Mareb. Barca, und
* See also Protocols, 24th March, 1891, p. C65, and 5th May, 189*,
p. 670.
667 3 A
IB April, 1891.] OEEAT BRITAIN AND ITALY. [No. 136
[Spheres of Influence. Ras Kasar to Blue Nile.]
«
Anseba, de 1864" (Gotha, Justus Perthes), and situated at
14° 52' north latitude. The line then ascends the Atbara to the
confluence of the Kor Kakamot (Hahamot), whence it follows
a westerly direction till it meeta the Kor Lemsen, which it
descends to its confluence with the Bahad. Finally, the line,
having followed the Rahad for the short distance between the
confluence of the Kor Lemsen and the intersection of 35° east
longitude, Greenwich, identifies itself in a southerly direction
with that meridian, until it meets the Blue Nile, saving ulterior
amendment of details, according to the hydrographic and oro-
graphic conditions of the country.
Right of Italy to occupy Kassala, fyc., temporarily, in case of
need.
II. The Italian Government shall be at liberty, in case of
being obliged to do so by the necessities of the military situa-
tion, to occupy Kassala and the adjoining country as far as the
Atbara. Such occupation shall in no case extend to the north
nor to the north-east of the following line : —
From the right bank of the Atbara, in front of Gos Rejeb,
the line is drawn in an easterly direction to the intersection of
the 36th meridian, east, Greenwich ; thence, turning to the
south-east, it passes 3 miles to the south of the points marked
Filik and Metkinab on the above-mentioned map of Werner
Munzinger, and joins the line mentioned in Article I, 25
English miles north of Sabderat, measured along the said line.
Reservation of Egyptian RigJits over the said Territory.
It is nevertheless agreed between the two Governments that
any temporary military occupation of the additional territory
specified in this Article shall not abrogate the rights of the
Egyptian Government over the said territory, but that these
rights shall only remain in suspense until the Egyptian Govern-
ment shall be in a position to re-occupy the district in question
np to the line indicated in Article I of this protocol, and there
to maintain order and tranquillity.
668
Map to II IUH t JM t <•
PROTOCOL BETWEEN GREAT BRITAIN AND ITALY
OF
April 1891 .
British Sphere
Country which may oe
temporarily occupied, iy
Italy under Art ff
enclosed, by broken, preen Una f
i f
&ONDAR f
I »' N I!.
5.76i.-i66 or !Tn.cK - 90 StAt Miles
STANFORD'S OCOCV CSTABr, LONDON
Map to Illustrate
PROTOCOL BETWEEN GREAT BRITAIN A, ITALY
of 15th April, 1891.
No.l36»] (JUKAT i!KiT\i\ AND ITALY. [5 May, 1894.
[Spheres of Influence in Region* of Gulf of Aden.]
Non-construction of Irrigation Workt on the Atbara which might
affect its flow into the Nile.
III. The Italian Government engages not to constroct on
the Atbara, in view of irrigation, any work which might sensi-
bly modify its flow into the Nile.
Free passage of Italians and their Goods between Metemma and
Kassala.
IV. Italy shall have for her subjects and protected persons,
as well as for their goods, free passage without duty on the
road between Meterama and Kassala, touching successively
El Affareh, Doka, Suk-Abu-Sin (Ghedaref), and the Atbara.
Done at Rome, in duplicate, this 15th of April, 1891.
(L.S.) DUFFERIN ANI> AVA.
(L.S.) RUDINI.
No. 136.*— AGREEMENT between Great Britain and Italy
de/ining their respective Spheres of Influence in Eastern
Africa. (Somali, &c.) Home, May 5, 1894.
"In order to complete the delimitation of the spheres of
influence of Great Britain and Italy in Eastern Africa, which
formed the subject of the Protocols signed at Rome on the 24th
March (No. 135), and the 15th April, 1891 (No. 136), the
Undersigned, authorized by their respective Governments, have
agreed as follows : —
[Here follow the names of the Plenipotentiaries.]
Boundary. Spheres of Influence.
" 1. The boundary of the spheres of influence of Great Britain
and of Italy in the regions of the Gulf of Aden shall be consti-
tuted by a line which, starting from Gildessa and running to-
wards the 8th degree of north latitude, skirts the north-east
« Pail. Pap., "Treaty Scries, No. 17 (1894)."
669 3x2
5 May, 1894.] GREAT BRITAIN AND ITALY. [No. 156*
[Spheres of Influence in Regions of Gulf of Aden.]
frontier of the territories of the Girrhi, Bertiri, and Rer AH
tribes, leaving to the right the villages of Gildessa, Darmi,
Gig-giga, and Milm.il. On reaching the 8th degree of north
latitude the line follows that parallel as far as its intersection
with the 48th degree of longitude east of Greenwich. It then
runs to the intersection of the 9th degree of north latitude with
the 49th degree of longitude east of Greenwich, and follows
that meridian of longitude to the sea.
Ogaden Regions. Trade.
" 2. The two Governments engage to conform, in the regions
of the British Protectorate and in those of the Ogaden, to the
stipulations contained in the General Act of Berlin (No. 17)
and in the Declaration of Brussels (No. 18) relative to freedom
of trade, in favour as well of British and Italian subjects and
protected persons as of the tribes inhabiting those territories.
Port of Zeyla. Trade, Sfc.
" 3. In the Port of Zeyla there shall be equality of treat-
ment between British and Italian subjects and protected
persons in all that relates to their persons, their property, and
to the exercise of trade and industry."
Rome, May 5, 1894.
FRANCIS CLARE FORD.
FRANCESCO CRISPL
* Parl. Pap., " Treaty Series, No. 17 (1894)."
670
Map to Illustrate
BOUNDARY PROTOCOL BETWEEN GREAT BRITAIN
& ITALY
of 5th May, 1894.
Mep to Illustrate
BOUNDARY PROTOCOL BETWEEN GREAT BRITAIN
& ITALY
of 5th May, 1894.
GREAT BRITAIN AND
LIBERIA.
(SEE LIBERIA.)
GREAT BRITAIN AND NETHERLANDS.
LIST OF TREATIES, Ac.
No.
137 1814—1871. Notes....
— 13 Aug., 1814.
— 5 Mar., 1867.
— 25 Feb., 1871.
— 2 Nov., 1871.
— 13-14 Feb.,
1874.
— 26 Feb., 1885.
— 9 Apr., 1886.
Convention &
Add. Article
Convention. .
Convention..
Protocol....
Treaty
Berlin Act . .
Protocol ....
On Possessions formerly held by the
Netherlands on the West Coast of
Africa 672
— 2 July, 1890. Brussels Act.
Cession to Great Britain of the Cape of
Good Ilope 672
Exchange of Territory en the Gold Coast 674
Transfer to Great Britain of Dutch
Possessions on the Coast of Guinea
(Gold Coast) 676
Recruitment of Free Labourers from
Coast of Guinea for service in Colonies
Ashantee. Surrender of Supremacy
over Elmina, &c. (See Great Britain
(Gold Coast)).
See Africa (General).
Ratification of ditto. (See Africa
(General)).
See Africa (General).
678
671
13 Aug., 1814.] GREAT BRITAIN AND NETHERLANDS. [No. 137
[Cape of Good Hope.]
No. 137. — NOTES on the Possessions formerly held ly the
Netherlands on the West Coast of Africa. 1814 — 1871.
The King of the Netherlands has no longer any Possessions
in Africa; but numerous Dutch factories exist on the Congo,
as well as on the north and south of that river.
Cape of Good Hope.
The Cape of Good Hope, which was captured by the English
during the French Revolutionary War, was retained by Great
Britain at the conclusion of the General Peace of 1814, and was
formally ceded by the Netherlands to Great Britain by the
Convention of 13th August, 1814, from which the following is
an extract* i. —
Preamble.
" The United Provinces of the Netherlands, under the favour
of Divine Providence, having been restored to their independ-
ence, and having been placed by the loyalty of the Dutch
people and the achievements of the Allied Powers under the
government of the Illustrious House of Orange; and His
Britarmick Majesty being desirous of entering into such arrange-
ments with the Prince Sovereign of the United Netherlands,
concerning the Colonies of the said United Netherlands which
have been conquered by His Majesty's arms during the late war,
as may conduce to the prosperity of the said State, and may
afford a lasting testimony of His Majesty's friendship and
attachment to the family of Orange and to the Dutch nation ;
the said High Contracting Parties, equally animated by those
sentiments of cordial goodwill and attachment to each other,
have nominated for their Plenipotentiaries, namely :
[Here follow the Names and Titles of the Plenipotentiaries.]
Cape of Good Hope, 8fc.
" ART. I. His Britannick Majesty engages to restore to the
Prince Sovereign of the United Netherlands, within the term
* Hertslet's "Map of Europe by Treaty," vol. i, pp. 42 and 46.
672
No. 137J GREAT BRITAIN AM> NK I II KKI. \ XI)S. [13 Aug., 1814.
[Cape of Good Hope.]
\vh ieh shall be hereafter fixed,! lie C< 'Ionics, factories, and establish-
ments, which were possessed l>y lli.Paml at the commeticement
of the late war, vi/., on the 1st January ,'1803, in the seas and on
the continents of America, Africa, nnd Asia, with the: exception (•/
tli: Cape of Qood Hop? and the Settlements of Demerara, I
quibo, and Berbice, of which Possessions the High Contracting
Parties reserve to themselves the right to dispose by a Supple-
mentary Convention, hereafter to be negotiated according
to their mutual interests ; and especially with reference to the
provisions contained in Articles VI and IX of the Treaty of
Peace signed between His Britannick Majesty and His Most
Christian Majesty, on the 30th of May, 1814."*
In an Additional Article to this Treaty, relating to the
cession to Great Britain of the Cape of Good Hope, it was
agreed as follows : —
" In order the better to provide for the defence and incorpora-
tion of the Belgick Provinces with Holland, and also to provide,
in conformity to Article IX of the Treaty of Paris, f a suitable
compensation for the rights ceded by His Swedish Majesty under
the said Article, which compensation, it is understood, in the
event of the above reunion, Holland should be liable to furnish,
in pursuance of the above stipulations ; it is hereby agreed
between the High Contracting Parties, that His Britannick
Majesty shall take upon himself, and engage to defray the fol-
lowing charges : —
" 1. The payment of 1,000,OOOZ. sterling to Sweden, in satis-
faction of the claims aforesaid, and in pursuance of a Convention
this day executed with His Swedish Majesty's Plenipotentiary
to that effect, a copy of which Convention is annexed to these
Additional Ar tides. J
" 2. The advance of 2,000,OOOZ. sterling, to be applied, in
concert with the Prince Sovereign of the Netherlands, and in
* Sco Hertslet's " Map of Europe by Treaty," vol. i, pp. 8 and 9.
t On the 19th May, 1815, a Convention was concluded between Great
Britain, the Netherlands, and Eussia, relative to the Eussian Dutch Loan,
&c., which formed part of the arrangements made consequent upon tho
Union of the Belgick Provinces with Holland. H.T., vol. iv, p. 371.
£ H.T., vol. ii, p. 341.
678
13 Aug., 1814.] GREAT BRITAIN AND NETHERLANDS. [No. 137
[Cape of Good Hope. G-old Coast.]
aid of an equal sum, to be furnished by him, towards augment-
ing and improving the defences of the Low Countries
u 3. To bear, equally with Holland, such farther charges as
may be agreed upon between the said High Contracting Parties
and their Allies, towards the final and satisfactory settlement
of the Low Countries, in union with Holland, and under the
dominion of the House of Orange, not exceeding in the whole
the sum of 3,000,OOOZ. to be defrayed by Great Britain.
Cession to Great Britain of the Cape of Good Hope, fyc.
" In consideration and in satisfaction of the above engage-
ments, as taken by His Britannick Majesty, the Prince Sovereign
of the Netherlands agrees to cede in full sovereignty to His
Britannick Majesty, the Cape of Good Hope, and the settlements
of Demerary, Essequibo, and Berbice, upon the condition, never-
theless, that the subjects of the said Sovereign Prince, being
proprietors in the said Colonies or settlements, shall be at
liberty (under such regulations as may hereafter be agreed
upon in a Supplementary Convention) to carry on trade between
the Raid settlements and the territories in Europe of the said
Sovereign Prince.
" It is also agreed between the two High Contracting Parties,
that the ships of every kind belonging to Holland, shall have
permission to resort freely to the Cape of Good Hope, for the
purposes of refreshment and repairs, without being liable to
other charges than such as British subjects are required to
pay."
Interchange between British and Dutch Possessions on the Gold
Coast.
The Dutch formerly possessed certain territories, also, on
the Gold Coast, but, on the 5th March, 1867, a Convention was
concluded between Great Britain and the Netherlands for an
interchange of their respective territories on that coast, and the
following are extracts from that Convention : — *
* H.T., Tol. xii, p. 1194. Signed in the English and Dutch languages.
For JJutch Version, see S.P., vol. ITU, p. 36. See also Convention of 25th
February, 1871, p. 676.
674
NO. 137] fSRKAT BRITAIN AND MiTHKIM. VXDS. [5 Mar., 1867.
[Exchange of Territory. Gold Coast.]
Preamble.
HER Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and His Majesty the King of the Nether-
lands, being of opinion that an interchange of territory on the
West Coast of Africa would conduce to their mutual advantage,
and would promote the interests of the inhabitants, have re-
solved to conclude a Convention for that purpose, and have
therefore named as their Plenipotentiaries, that is to say : —
[Here follow the names of the Plenipotentiaries.]
Mutual Exchange of Forts and Possessions on the Gold Coast.
AKT. I.* Her Britannic Majesty cedes to His Majesty the
King of the Netherlands all British Forts, Possessions, and
Rights of Sovereignty or Jurisdiction which she possesses on
the Gold Coast to the westward of the mouth of the Sweet
River, where their respective Territories are conterminous ; and
His Majesty the King of the Netherlands cedes to Her
Britannic Majesty all Netherland Forts, Possessions, and Rights
of Sovereignty or Jurisdiction which he possesses on the Gold*
Coast to the eastward of the mouth of the Sweet River, where
their respective Territories are conterminous.
Boundary Line.
The Boundary between the Possessions of Her Britannic
Majesty and those of His Majesty the King of the Netherlands
will be a line drawn true north from the centre of the mouth
of the Sweet River as far as the Boundary of the present
Ashantee kingdom, but with such deviations within 3 English
miles of the coast, as shall be necessary to retain within British
Territory any village which have been in habitual dependence
on the British Government at Cape Coast, and .within Nether-
land Territory any villages which have been in habitual de-
pendence on the Netherland Government of St. George
d'Elmina.
* An Outline Map, showing the British Territory on the Gold Coast, to
aceompany the Eeport of Colonel Ord, E.E., Commissioner, was laid before
Parliament with Papers relating to the West Coast of Africa, in 1865.
675
5 Mar., 1887.] GREAT BRITAIN AND NETHERLANDS. [No. 137
[Exchange of Territory. Gold Coast.]
ART. II. — Customs Tariff.
ART. III. — Prevention of Frauds.
ART. IV. — Duration of Customs Tariff.
ART. V. — Relaxation of Customs Duties.
AKT. VI. — Transfer of Forts, Possessions, fyc., dependent on
Establishment of proposed Tariff.
Neic Boundary Map.
ART. VII. After the transfer alluded to in the foregoing
Article shall have been made, a Map shall be drawn of the New
Boundary division according to the terms of Article I. Two
copies of the said Map, duly attested by the Governments on
either side, shall then be appended to this Convention for the
purpose of showing the Boundary, which shall undergo no
alteration, even should any of the villages mentioned at the end
of Article I be subsequently abandoned, or the Tariff be modi-
fied or withdrawn.*
ART. VIII. — Ratifications.^
Transfer to Great Britain of Netherland Possessions on the Gold
Ooe&t,
On the 25th February, 1871, a Convention was signed
between Great Britain and the Netherlands for the transfer by
the latter to the former of the Dutch Possessions on the Coast
of Guinea (or Gold Coast), and the following are extracts from
that Convention : — J
Preamble.
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and His Majesty the King of the Nether-
* The Boundary Commissioners were : for Great Britain, Mr. Fredk. M.
Skues, Assistant Staff Surgeon ; and for the Netherlands, Lieut. C. A. Jeckel,
of the Netherlands Navy. A chart of the Boundary Line was prepared by
them in February, 1868, and a Report upon the subject addressed to the
Governors of the English and Dutch Settlements on the West Coast of
Africa, by whom the chart was duly attested.
f Ratifications exchanged at London, 5th July, 1867.
J H.T., vol. xiii, p. 656. Signed in the English and Dutch languages.
For Dutch Version, see S.P., vol. 61, p. 13.
676
No.137] OKKATUIMMIN AN.) M.iiii:i:r..vM>s. [25 Feb., 1871.
[Dutch Possession*. Gold Coast.]
lands, luMiig desirous to procenl with the regulation of tlio
i, >j>. -olive interests in their Colonies in the friendly spirit which
has constantly marked the relations between both Kingdoms
and taking into consideration that the mixed dominion •
risnl on the Coast of Guinea by Great Britain and the
Netherlands has occasioned to the native population much
harm, which did not cease after the interchange of territory
stipulated by the Treaty of 5th March, 1867,* and the remedy
for which is not to be expected until the two Powers shall carry
out, with regard to their respective Possessions, the principle of
abstaining from or giving up mixed dominion or mixed posses-
sion, have with a view of concluding arrangements for that
purpose, named as their Plenipotentiaries, that is to say : —
[Here follow the names of the Plenipotentiaries.]
Transfer to Great Britain of Netherland Rights, Sovereignty, fyc.,
on Coast of Guinea.
ART. I.f His Majesty the King of the Netherlands transfers
to Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland all the Rights of Sovereignty, Jurisdiction,
and Property which he possesses on the Coast of Guinea.
Acceptance ly Great Britain of Netherland Rights of Sovereignty.
ART. II. Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland accepts those Rights, and the ob-
ligations resulting from them towards the Populations hitherto
placed under the authority of the King of the Netherlands.
Security to Persons formerly Hostile to Tribes dependent on Great
Britain.
The British authorities will take care, as far as possible, that
no Person belonging to these Populations, who may, during the
dominion of the Netherlands, have participated in quarrels or
* Or Gold Coast, p. 674.
+ V map showing the position of the Dutch Settlements on the West
Coast of Africa was laid before Parliament, with correspondence on the
subject, in February, 1372 [0. 670],
677
2 Nov., 1871.] GREAT BRITAIN AND NETHERLANDS. [No. 137
[Dutch Possessions. G-old Coast.]
hostilities with Independent Tribes or Tribes dependent on
Great Britain, shall be annoyed or troubled on that account.
Permission to Netherland Subjects to Remove from Possessions
ceded.
Any person who, within a period of six yeai's after the actual
Transfer of the aforesaid Possessions, may wish to remove to-
other Netherland Possessions or to foreign places, shall be
considered at liberty to do so by the British authorities.
Forts, Buildings, fyc., comprised in Transfer.
ART. III. In the transfer are comprised all the Forts,
Buildings, and Premises, with the Grounds appertaining there-
to, owned by the Netherland Government, as also all the Stores
of Ordnance, "Weapons, Ammunition, and the like, besides
Furniture and all other moveable Objects, with the exception
of those articles which the Netherland authorities at the Coast
may deem un6t for transfer.
Stores and Moveable Articles to be paid for.
ART. IV. — Permission to Africans to continue to dwell by
themselves.
ART. V. — Netherland Subjects to be treated as British
Subjects.
Netherland Subjects, Vessels, and Commerce to be on equal
Footing with British Subjects, Vessels, and Commerce.
ART. VI. — Ratifications.*
Recruitment of Free Labourers for Service in Colonies.
On the 2nd November, 1871, a Protocol was signed between
the British and Netherland Governments, in which it was
stipulated that — " If at any time the British Government
should allow the recruitment of free labourers in British
Possessions on the Coast of Guinea and their exportation to
British Colonies, such recruitment and exportation from those
British Possessions shall also, on the same conditions, be
* Ratifications exchanged at the- Hague, 17th February, 1872.
678
No. 137 UKKAT BRITAIN AND NETHERLANDS. [2 Nov., 1871.
[Dutch Possessions. Gold Coast.]
secured to the Netherlands in behalf of the Netherland
Colonies," which stipulation was declared to bo considered as
having the same force and value as the Convention of 25th
February, 1871.
The King of the Netherlands was a Signatory Party to the
Berlin Act of 26th February, 1885 (No. 17), as well as to the
Brussels Act of 2nd July, 1890 (No. 18).
(79
GREAT BRITAIN AND
PORTUGAL.
3 B 2
GREAT BRITAIN AND PORTUGAL.
LIST OF TREATIES, &o.
Page
138 28 July, 1817. Add. Convention. . Portuguese limits oil East and
West Coasts of Africa G83
139 13 Jan., 18G9. Protocol Dispute respecting Sovereignty
over Island of Bulamu to be re-
ferred to Arbitration 684
— 29 July, 1869. Treaty Portugal and South African Re-
public. Boundary. (See Portu-
gal.)
140 21 April, 1870. Award President of the United States.
Sovereignty over Island of
Bulama 688
141 1 Oct., 1870. Notification Portuguese Occupation of Island
of Bulama 691
143 25 Sept., 1872. Protocol Dispute respecting Delagoa Bay.
(Lorenco Marquez) to be re-
ferred to Arbitration 693
143 Sept., 1873. British Case Conflicting Claims to Delagoa Bay
or Lorenc.0 Marquez 694
144 June, 1875. Exchange of Notes Do. Non-cession of Territory to
whichever Power awarded .... 697
145 24 July, 1875. Award..., Decision of President of the
French Eepublic on the Delagoa
Bay Arbitration Case 701
— 1 Dec., 1875. Treaty Portugal and South African Re-
public. (See South African
Eepublic.)
146 7 Oct., 1882. Protocol Ratification of Convention be-
tween Portugal and the South
African Republic of llth De-
cember, 1875 (with Explanatory
Notes) 704
147 26 Feb., 1884. Treaty Portuguese Boundary on West
Coast of Africa. Navigation
of the Rivers Congo and Zam-
besi 713
— 13 Aug., 1887. Protest British. Against Portuguese claim
to Territories lying between
Angola and Mozambique, p.
325. (See Treaty, France and
Portugal, 12th May, 1886, p.
298, and Treaty, Germany and
Portugal, 30 December, 1886,
p. 323.)
C81
GREAT BRITAIN AND PORTUGAL,
[List of Treaties, &c.]
No. Pago
148 20 Aug., 1890. Convention Spheres of Influence. Navigation
of the Zambesi and Shire, &c.
(not ratified, but see Agreement
of 14th November, 1890) 715
149 14 Nov., 1890. Agreement Modus vivendi. Spheres of In-
fluence. Navigation of the
Zambesi and Shire, &c 72s
150 11 June, 1891. Treaty Spheres of Influence. East and
Central Africa 7" i
151 May- June, "[ , ; a . /Modus vivendi. Spheres of In-
1893 . . . j i ....... ^ fluenee north of the Zambesi. . 743
C 2
No. 138] GlU.n BBITA1 f. [29 July, 1817.
[.Possessions and Claims. East and West Coasts of Africa.]
No. 138.— ADDlTlnXM. CONVENTION to >/<• T
Ic//'-,,,/ Great ./;/•///<;,, o,"1 A*/-/ ///////, (lf -ii,,,! January,
15, for / «f I In & '. nese
I. ' i' Afr'n-n. L","/o/i,, 2St?t,
', 1817.*
(English Version.)
ART. II. The territories in which the traffic in slaves con-
tinues to be permitted under the Treaty of the 22nd January,
1815, to the subjects of His Most Faithful Majesty, are the
following : —
r»i-ln(juesc Possessions. Cape Delgado to Bay of Lorenfo
Marques.
§ 1. The territories possessed by the Crown of Portugal
upon the coast of Africa to the south of the Equator ; that is to
ipon the eastern coast of Africa, the territory lying between
Gape Delgado and the Bay of Loreuco Marques ; nnd upon the
western coast, all that which is situated from the 8th to the
18th degree of south latitude.
Portuguese Claims. Molembo and Cabinda.
§ 2. Those territories on the coast of Africa to the south of
the Equator, over which His Most Faithful Majesty has declared
tint he has retained his rights, namely —
The territories of Molembo and Cabinda upon the easternf
(-<"'•) coast of Africa, from 5° 12' to 8° south latitude.
* S.R, vol. iv, p. 81 ; II. T., vol. ii, p. 81.
t Error. Should be tcestern. Corrected by a Declaration, signed 3rd
April, 1819. S.P., vol. iv, p. 11G.
683
13 Jan., 1869.] GREAT BRITAIN AND PORTUGAL. [No. 139
[Island of Bulama, &c.]
NO. 139.— PROTOCOL OF CONFEEENGE between Great
Britain and Portugal, agreeing to refer to Arbitration
their respective Claims to the Island of Bulama, on the
Western Coast of Africa, and to a certain portion of Ter-
ritory opposite to that Island on the Mainland. Lisbon,
January 13, 1869.*
WHEREAS the Government of His Most Faithful Majesty
asserts a claim to the island of Bulama, on the western coast of
Africa, and to a certain portion of territory opposite to that
island on the mainland ; and whereas the Government of Her
Britannic Majesty asserts a claim to the same island and the
same territory opposite to it on the mainland ; and whereas
both parties, being animated by a friendly feeling, and neither
of them having any wish to appropriate territory which may
lawfully belong to the other, have consented to refer their
respective claims to the arbitration of a third Power in whom
both repose confidence.
For this purpose they have agreed to apply to the President
of the United States of America, and it now becomes necessary
to place on record certain terms and arrangements with a view
to obtaining the speedy and convenient hearing and determina-
tion of the claims in question : and the undersigned the Marquis
de Sa da Bandeira, a peer of the realm, President of the Council
of Ministers, Minister and Secretary of State of "War, and
ad interim Minister for Foreign Affairs of His Most Faithful
Majesty, and the Honourable Sir Charles A. Murray, Knight
Commander of the Bath, &c., and Her Britannic Majesty's
Envoy Extraordinary and Minister Plenipotentiary at the Court
of Lisbon, being duly authorized by their respective Govern-
ments, have agreed as follows :
ART. I. The respective claims of His Most Faithful Majesty's
Government and of the Government of Her Britannic Majesty
* S.P., vol. Ixi, p. 1163. H.T., vol. xiii, p. 688. For Award, 21st April,
1870, see p. 688.
684
No. 139] GREAT BRITAIN AND PORTUGAL. [13 Jan., 1869.
[Island of Bulama, &c.]
tc the island of Bulama, on the western coast of Africa, and to
a certain portion of territory opposite to that island on the main-
land, shall be submitted to the arbitration and award of tho
President of the United States of America, who shall decide
thereupon finally and without appeal.
ART II. The award of the President of the United States,
whether it be wholly in favour of the claim of either party, or
in the nature of an equitable solution of the difficulty, shall bo
considered as absolutely final and conclusive ; and full effect
shall be given to such award without any objection, evasion, or
delay whatsoever. Such decision shall be given in writing and
dated ; it shall be in whatsoever form the President may choose
to adopt ; it shall be delivered to the Ministers or other public
agents of Portugal and of Great Britain, who may be actually
at Washington, and shall be considered as operative from the
day of the date of the delivery thereof.
ART. III. The written or printed case of each of the two
parties, accompanied by the evidence offered in support of the
same, shall be laid before the President within six months from
the date hereof, and a copy of such case and evidence shall be
communicated by each party to the other, through their respec-
tive Ministers at Washington. After such communication shall
have taken place, each party shall have the power of drawing
up and laying before the President a second and definite state-
ment, if it think fit so to do, in reply to the case of the other
party so communicated, which definitive statement shall be so
laid before the Arbiter, and also be mutually communicated in
the same manner as aforesaid by each party to the other within
six months from the date of laying the first statement of the case
before the Arbiter.
ART. IV. If in the case submitted to the Arbiter, either
party shall specify or allude to any report or document in its
own exclusive possession without annexing a copy, such party
shall be bound, if the other .party thinks proper to apply for it,
to furnish that party with a copy thereof. And if the Arbiter
should desire further elucidation or evidence with regard to any
point contained in tho statements laid before him, he shall be at
liberty to require it from either party, and he shall be at liberty
685
13 Jan., 1869.] GREAT BRITAIN AND PORTUGAL. [No. 139
[Island of Bulama, &c.]
to Lear one counsel or agent for each party, in relation to any
matter which he shall think fit, and at such time, and in such
manner, as he may think fit.
ART. V. The Ministers or other public agents of Portugal
and of Great Britain at Washington respectively shall he con-
sidered as the agents of their respective Governments to
conduct their case before the Arbiter, who shall be requested to
address all his communications and give all his notices to such
Ministers or other public agents, whose acts shall bind their
Governments to and before the Arbiter on this matter.
ART. VI. It shall be competent to the Arbiter to proceed in
the said arbitration, and all matters relating thereto, aa and
when he shall see fit, either in person or by a person or persons
named by him for that purpose, either with closed doors or in
public sitting, either in the presence or absence of either or
both agents, and either viva voce or by written discussion or
otherwise .
ART. VII. The Arbiter shall, if he think fit, appoint a secre-
tary, registrar, or clerk, for the purposes of the proposed
arbitration, at such rate of remuneration as he shall think
proper. This and all other expenses of, and connected with,
the said arbitration, shall be provided for as hereinafter stipu-
lated.
ART. VIII. The Arbiter shall be requested to deliver, together
with his award, an account of all the costs and expenses which
he may have been put to, in relation to this matter, which shall
forthwith be repaid in two equal portions, one by each of the
two parties.
ART. IX. The Arbiter shall be requested to give his award
in writing as early as convenient after the whole case on each
side shall have been laid before him, and- to deliver one copy
thereof to each of the said agents.
Should the Arbiter be unable to decide wholly in favour of
either of the respective claims, he -shall be requested to give
such a decision as will, in his opinion, furni-li an equitable
solution of the difficulty.
Should he decline to give any decision, then everything
done iu the premises by viitue of this Agreement shall be null
686
No. 139; GREAT BRITAIN AND PORT' 13 Jan., 1809.
[Island of Bulama, &c.]
and void, and it sliall be competent for the Portuguest
li (lovenmients to do and proceed in all respects as if tho
reference to arbitration had never In
Done at Lisbon, the 13th of January, 1869.
(L.S.) SA DA BANDKIKA
(L.S.) CH. A. MURRAY.
r.s?
21 April, 1870.] GKREAT BKITAIN AND PORTUGAL. [No. 140
[Award, &c. Island of Bulama, &c.]
No. 140.—^ WARD of the President of the United States, as
Arbiter on the Claims of Great Britain and of Portugal to
the Island of Bulama, on the Western Coast of Africa,
and to a certain portion of Territory opposite to that
Island, on the Mainland. Washington 21st April, 1870.*
ULYSSES S. GRANT, President of the United States, to whom
it shall concern, greeting :
The functions of Arbiter having been conferred upon the
President of the United States, by virtue of a Protocol of a
Conference held in Lisbon, in the Foreign Office, on the 13th
day of January, in the year of our Lord 1869 (No. 139), between
the Minister and Secretary of State for Foreign Affairs of His
Most Faithful Majesty the King of Portugal and Her Britannic
Majesty's Envoy Extraordinary and Minister Plenipotentiary,
whereby it was agreed that the respective claims of His Most
Faithful Majesty's Government and of the Government of Her
Britannic Majesty to the Island of Bulama on the Western
Coast of Africa, and to a certain portion of territory opposite to
that island, on the mainland, should be submitted to the arbi-
tration and award of the President of the United States of
America, who should decide thereupon finally and without
appeal ;
And the written or printed case of each of the two parties,
accompanied by the evidence afforded in support of the same,
having been laid before the Arbiter within six months from the
date of the said Protocol, and a copy of such case and evidence
having been communicated by each party to the other through
their respective Ministers at Washington, and each party, after
such communication had taken place, having drawn up and
laid before the Arbiter a second and definite statement in reply
to the case of the other party so communicated, which said
definitive statements were so laid before the Arbiter, and were
also mutually communicated, in the same manner as aforesaid,
* S.P., vol. Ixi, p. 1193. H.T., vol. xiii, p. 938.
688
No. 140] GREAT BRITAIN AND PORTUGAL. [21 April, 1870.
[Award. Island of Bulama, &c.]
by cacli party to the other, within six months from the date of
laying the first statement before the Arbiter :
And it appearing that neither party desires to apply for
any report or document in the exclusive possession of the other
party, which lias been specified or alluded to in any of the cases
submitted to the Arbiter, and that neither party desires to be
heard by counsel or agent in relation to any of the matters
submitted in this arbitration ;
And a person named by the Arbiter for that purpose,
according to the terms of the said Protocol, having carefully
considered each of the said written or printed statements so
laid before the Arbiter, and the evidence offered in support
of each of the same, and each of the said second or definitive
statements ;
And it appearing that the said Island of Bulama and the
said mainland opposite thereto were discovered by a Portuguese
navigator in 1446 ; that long before the year 1792, a Portuguese
settlement was made at Bissao, on the River Jeba, which said
settlement has ever since been maintained under Portuguese
sovereignty ; that in the year 1699, or about that time, a
Portuguese settlement was made at Guinala, on the Rio Grande,
which last-named settlement, in the year 1778, was "a large
village, inhabited only by Portuguese, who had been there from
father to son for a long time"; that the coast line from Bissao
to Gninala, after crossing the River Jeba, includes the whole
coast on the mainland opposite to the Island of Bnlama ; that
the Island of Bulama is adjacent to the mainland, and so near
it that animals cross at low water; that in 1752 formal claim
was made by Portugal to the Island of Bulama, which claim
has been ever since asserted ; that the island was not inhabited
prior to 1792, and was unoccupied, with the exception of a feu'
acres thereof, at the west end, which were used by a native
tribe for the purpose of raising vegetables; that the British
title is derived from an alleged cession by native chiefs in 1792,
at which time the sovereignty of Portugal had been established
over the mainland and over the Island of Bulama; that the
Portuguese Government has not relinquished its claim, and
now occupies the island with a Portuguese settlement of 700
21 April, 1870.] .GEEAT BEITAIN AND POETUG AL. [No. 140
[Award. Island of Bulama, &c.]
persons ; that attempts have been made since 1792 to fortify
the British claim by further similar cessions from native chiefs ;
and that none of the acts done in support of the British title
have been acquiesced in by Portugal ;
And no further elucidation or evidence with regard to any
point contained in the statements so laid before the Arbiter
baing required :
Now, therefore, I, Ulysses S. Grant, President of the United
States, do award and decide, that the claims of the Govern-
ment of His Most Faithful Majesty the King of Portugal to the
Island of Bulama on the western coast of Africa, and to a
certain portion of territory opposite to this island on the main-
land, are proved and established.
In testimony whereof I have hereunto set my hand, and
have caused the seal of the United States to be hereto affixed.
Done in triplicate, in the city of Washington, on the 21st
day of April, in the year of our Lord 1870, and of the Inde-
pendence of the United States of America the 94th.
U. S. GRANT.
By the President,
HAMILTON FISH, Secretary of State.
690
No. 1 GREAT BRITAIN AND I1' • [1 Oct., 1870.
[Island of Bulama, &c.]
NO. 141.— ACT of the Cor, rdnr-dni.'rid <>/'//»• Cap de I
/^"it'ts, tukiiHj pnwsiioii of the />/<'//</ ,,f /;////////" in. tin
• ni<- of tin- PortotffiteM Government, & I'"''1-, ls£
, 1870.*
(Translation.)
IN the year of our Lord Jesus Christ, 1870, on the 1st day
of October, at Beavers Port, in the Island of Bulama, in pre-
sence of his Excellency Caetano Alexandra d' Almeida Albu-
querque, Governor- General of the Province of Cape Verde
Islands and their Dependencies, as Representative of the Portu-
guese Government, and Mr. J. Craig Loggie, Civil Commandant
of the island, as Representative of the British Government,
and in presence of the persons Undersigned, the said Governor-
General, in the name of his Government, took possession of
tin's Island of Bulama, without any opposition, protest, or
reclamation, that could raise a doubt, and in accordance with
the following decision, which was issued by the President of
the United States of America, chosen as arbitrator by the two
Governments of Portugal and England, to decide upon the
rights which both nations thought they had to the possession
of the said island, and to some territory in front thereof, which
decision is as follows : —
[Here follows the Award of 21st April, 1870. (No. 140.)]
And in order to certify the possession taken by the said
Governor- General of the Cape Verde Islands and their Depend-
encies as Representative of the Portuguese Government, and
which was transferred to him by Mr. J. Craig Loggie, Civil
Commandant, the present Act has been drawn up and is to be
duly registered after it is signed by the said Representative of
the Portuguese Government, Caetano Alexandre de Almeida e
Albuquerque, Governor- General of the Cape Verde Province,
and by Mr. J. Craig Loggie, Representative of the British
Government, and the witnesses Avho were present. And I,
* S.P., vol. Ixi, p. 1105; H.T., vol. xiii, p. 693.
691
1 Oct., 1870.] GEEAT BEITAIN AND POETUGAL. [No. 141
[Island of Bulama, &c.]
Guilherme Augusto de Brito Capello, Second Lieutenant of
the Portuguese Navy, acting as Secretary, Lave written and
signed it.
GUILHERME AUGUSTO DE BRITO CAPELLO,
Second Lieutenant, Secretary.
CAETAtfO ALEXANDRE DE ALMEIDA E
ALBUQUERQUE, Governor- General
ALVARO TELLES CALDEIRA, Govtrnor of Guinea.
J. CRAIG LOGGIE.
ALFRED WALTER LEWIS.
692
No. 142J GREAT JIR1TA IN AM) PORTUGAL. [25 Sept., 1872.
[East Coast. Lorenco Marguez or Delaa-oa Bay.]
No. 142.— PROTOCOL. Grati Hrit'nn and Portugal.
Reference of Delagoa /lay (»r L»,; „<•<> .}/<>/•</»<-:) Dispute
to Arbitration. Lisbon, 2f>//< X,-j>(,-itil>er, 1872.
PROTOCOL of a Conference held at the Foreign Office in Lisbon,
on the 25th of September, 1872, between Her Britannic
Majesty's Charge oVAffaircs at the Court of Lisbon and
the Minister and Secretary of State for Foreign Affairs of
His Most Faithful Majesty.
WHEREAS the Government of Her Britannic Majesty asserts
a claim to certain territories formerly belonging to the Kings
of Terabit and Mapoota, on the eastern coast of Africa, in-
cluding the Islands of Inyack and Elephant ; and whereas the
Government of His Most Faithful Majesty asserts a claim to a
portion of the same territories, as far as 26° 30',* and whereas
both Parties, being animated by a friendly feeling, and neither
of them having any wish to appropriate territory which may
lawfully belong to the other, have consented to refer their
respective claims to the arbitration of a third Power, in whom
both repose confidence.
For this purpose, they have agreed to apply to the President
of the French Republic ; and it now becomes necessary to place
on record certain terms and arrangements with a view of
obtaining the speedy and convenient hearing and determination
of the claims in question ; and the Undersigned, William Doria,
Her Britannic Majesty's Charge d'Affaires at the Court of
Lisbon, and the Councillor Joao de Andrade Corvo, Minister
and Secretary of State for Foreign Affairs of His Most Faithful
Majesty, being duly authorized by their respective Govern-
ments, have agreed as follows : —
[Here follow Articles I to IX, respecting the form in which the
respective claims should be presented to the Arbitrator, &c.]
* H.T., vol. xiii, p. 708. See Treaty, Portugal and South African Ro-
public, 29th July, 1869, Art. XXIII, § 2. (PoKTCQAL, p. 822.)
693 3 c
Sept., 1873.] GREAT BRITAIN AND PORTUGAL. [No. 143
[Lorenco Marques or Delag-oa Bay.]
No. I43.—BRITJSH CASE. Confiietinfj Claims of Great
Britain and Portuyal to Territories formerly belonging
to Kings of Tembe and Mapoota, on the East Coast of
Africa, including the Islands of Inyack and Elephant.
September, 1873.*
[Extract from the Case presented by Her Britannic Majesty's
Government, September, 1873.]
" FOR several years serious differences have existed between
the Governments of Great Britain and Portugal in reference to
their respective claims to certain territories on the Eastern
Coast of Africa and the adjacent islands.
" By a Protocol signed at Lisbon on the 2oth September, 1872
(No. 142), the two Governments agreed to submit their re-
spective claims to the territories and islands in question to the
^arbitration and award of the President of the French Republic,
Tvho should decide thereon finally and without appeal.
" These territories are described by the Protocol as formerly
(belonging to the Kings of Tembe and Mapoota, on the Eastern
'Coast of Africa, including the Islands of Inyack and Elephant,
and so far as the Portuguese claim is concerned, extend as far
AS 26° 30' south latitude.
" The chart which is annexed shows a sufficient outline of the
territories respectively claimed, but does not reach quite so far
south as 26° 30' ; and the part whirli is coloured pink marks
ilie portion to which the British Government asserts a right,
contending that the Portuguese dominion reaches south only
ad medium filnm aquce of the Dundas or Lorenco Marques
River, the English River, and the little Bay of Loreuco Marques,
being bounded, on the east by the sea, and not extending to the
Inyack Peninsula, or to the Inyack and Elephant Islands.
" The chart purports to be a survey of the Bay of Delagoa
•which, it will be seen, is a large indentation on the east coast of
Africa extending between latitudes 25° 30' south and 26° 21'
-south.
* Par. Paper, " Portugal No. 1 (1875)."
694
No. 143J OBBAT BBITADi VXD r<>!( H'cJAL. 'lopt.,1873.
[Lorenco Marques or DelaRoa Bay.]
•• .NYarly in thecentre of this large bay is a smaller bay lying
bet \\eni Capo Reuben to the north, and Cape Mawhomr to the
soutli. Tin- English Kivrr. with its confluents the Mat loll, the
I.oivnro Marques or l)unda<. and the Tenibe. i'alK into thin
smaller bay.
" The I'ortiiL'uese contend that although Delagoa Hay nienni
the Hay of Hays or the Great Bay, yet that the words Delagoa
md Ijoreneo Marques Bay are convertible terms, and that
at all events the smaller bay must be comprehended in the
rxpre»ion, and taken as a part of Delagoa Bay.
" The English Government, on the contrary, maintain that,
accurately speaking, the term Lorenyo Marques is in no sense
applicable to the largo bay, butls strictly confined to the smaller
bay.
" The Portuguese factory or fort called Lorenco Marques is
situated on the left or north bank of the English River, nearly
at the point where the river falls into the little or Lorenzo
Marques Hay.
" The Island of Elephant is nearly opposite the centre of the
small bay, and lies about 20 miles to the east of it. South of
Elephant is Inyack Island, and again south of Inyack Island is
Colatto Point, forming the extremity of the peninsula, which
joins the mainland, and rounds the southern extremity of
_i>a Bay, of which the western shore, intersected however
by the River Mapoota, is continued north, round Mawhome
Point, up to the south or right bank of the English River.
" The territories in dispute, and coloured pink on the chart,
were, as the Protocol admits, at some time the property of the
Kings of Tembe and Mapoota.*
" The main questions for the consideration of the Arbiter are
whether those Kings have in any way, either by conquest,
cession, or otherwise, ceased to be the possessors of these terri-
tories, or of any, and what, portion of them. And if the Kings
of Tembe and Mapoota, or either of them, be no longer inde-
pendent, whether the Portuguese or the British Government
has acquired a right to the dominion over those lands.
" On the part of the British Government it is contended —
* 2sot given.
695 :; c 2
Sept., 1873.] GREAT BRITAIN AND PORTUGAL. [No. 143
[Lorenco Marques or Delagoa Bay.]
" 1. That these several territories, though discovered by the
Portuguese, were never, in fact, taken possession of, occupied,
or held by the Portuguese, whose dominions to the south were
always bounded by the Dundas or Lorenco Marques, and by
the English River, and to the east by the sea, and were at no
time extended to Elephant and Inyack Islands, or to the Inyack
Peninsula.
" 2. That the whole country south of the Dundas or Loren£O
Marques River and English River, and to seaward, was free
and independent : the native inhabitants under their chiefs,
retaining absolute dominion over, and possession of, these
territories, over which the Portuguese exercised no jurisdiction.
" 3. That these chiefs, with the consent of the natives, and in
exercise of their independent rights, ceded by Treaty, in 1823,
the sovereignty over these territories to the Crown of Great
Britain.
" The grounds of this contention on the part of Her
Majesty's Government will appear from the following state-
ments of facts, official documents, and correspondence, and the
argximents fairly deducible therefrom."
[Then followed a general history and explanation of the
points on which the contention of the British Government
rested ; but it has not been thought necessary to give further
extracts from the British Case, or any portion of the Portuguese
Case.]
696
No.144] <;KI:\I IIKII \i\ AND PORTUGAL. [Jane, 1875.
[Lorenzo Marques or Delag-oa Bay.]
No. 144.— A'.H 1IA.\<;I-: »/• NOTES. Jfon-ces*iwi, <>f
Hiijh As <>/ tin-, r.i'jnh/ in i/i^>,>/,,/ '/'. /•/•/V«//-<V.s. June, 1875.*
(1.) Th>' Iti-Ui*li Mini*!' i- <i/ 7,/.-/..,/j /-; //,/• I'ortiifjueise Mini*ter for
• '!/'* -Affairs.
t'intr,i, UthJwic, 1875.
IN accordance with instructions received from Her Britannic
ty's 1'rinripal Secretary of State for Foreign Affairs,
n-lativo to tliose territories situated on the south-east coast of
Africa over which Her .Britannic Majesty has hitherto exercised
rights of sovereignty disputed by the Government of His .Most
Faithful Majesty, nnd with reference, more especially, to the
decision not yet officially declared of the President of tin-
French Republic, to whose arbitration the two Governments
have agreed to refer their adverse claims to the possession of
the above-mentioned territories, the Undersigned, Her Britan-
nic Majesty's Envoy Extraordinary and Minister Plenipo-
tentiary, has now the honour to submit to His Most Faithful
Majesty's Minister for Foreign Affairs, for the friendly con-
sideration of His Most Faithful Majesty's Government, a pro-
posal on the part of Her Britannic Majesty's Government that
(Ireat Britain and Portugal should enter into a mutual agree-
ment to the effect that, whichever way the award of the Arbi-
trator may be given, as regards the right of sovereignty over
the above-mentioned territories, the Power in whose favour the
award is made will not entertain any proposal for the acquisi-
tion of the said territory by nny other Power, until the
defeated claimant shall have had an opportunity of making to
the successful claimant a reasonable offer for the acquisition
of that territory, either by purchase or for some other con-
sideration.
In inviting the assent of the Portuguese Government to the
proposal thus made to it on behalf of the British Government,
the Undersigned is anxious to assure 11 - M ; Faithful
Majesty's Minister for Foreign Affairs, that when the Govern-
ment of Her Britannic Majesty agreed to refer to the nrbitra-
• S.P., vol. IM, p. 338; P.P., "Africa, No. 1 (IS'/o)." See also Conven-
tion, 20th August, 18UO, p. 715.
697
June, 1875.] GREAT BRITAIN AXD PORTUGAL. [No. 144
[Lorenco Marques or Delagoa Bay.]
tion of the President of the French Republic the Portuguese
claims to a territory of which Great Britain had long been in
practical possession, the motive of Her Majesty's Government
in so doing was u sincere desire to remove from the old and
cordial relations between Great Britain and Portugal a long-
standing ground of contention as to the sovereignty of a terri-
tory so closely neighbouring the Colonial Possessions cf the
t\vo Powers in Southern Africa. But the possession of that
territory by any third Power, to whom tlie surrender of it was
not contemplated by the British Government when the British
Government agreed to submit to arbitration the disputed title
on which it had hitherto claimed- and held the territory in
question, would scarcely be calculated to inspire on the part of
Her Majesty's Govermncnt those sentiments of confidence and
security with which they are fully prepared to accept the
award of the Arbitrator, if that award be favourable to the
claims of Portugal.
The Undersigned therefore trusts that, in the same friendly
spirit which, in regard to this and all other questions affecting
their several interests, has so long and so happily animated the
relations between Great Britain and Portugal, the Government
of His Most Faithful Majesty will be readily disposed to enter-
tain the proposal hereby submitted to them by the Under-
signed, who avails himself of the present opportunity to renew
&c.
LYTTON.
ftcnhor Corvo.
(2.) The Portuguese Minister for Foreign Affairs to Lord Lyttcn.
Foreign Department,
(Translation.) Lisbon, 17th June, 1875.
THE Undersigned, His Most Faithful Majesty's Minister-
and Secretary of State for Foreign Affairs, had the honour to
receive the note which was addressed to him on the 14th instant
by Lord Lytton, Her Britannic Majesty's Envoy Extraordinary
and Minister Plenipotentiary, relative to the territories situated
698
No. I (JKKAT IMMTUN \ M • IM »i: 1 1 . ; A i.. [June,1875.
[Lorenco Mavquen or Delag-oa Bay.]
<iii tin' east coast of Africa, (In- possession (if which was
disputed by tin- two (iosernments »f Portugal and of Great
liritam. ;i di>pute which was, by mutual a>M;nt, referred tu tho
arbitration of the President of tin- French Republic.
While expressing the apprehensions of his Government as
to the eventuality of the territories in quotum being ceded to
a third 1'owcr, Lord Lytton remarks that, when the British
Government agreed to refer to the arbitration of the President
of the French Republic the question which had for so many
years been pending between the said Government and that of
Portugal, they were animated by the sincere desire of removing
from the old and cordial relations between Portugal and Eng-
land a ground of contention as to the right of sovereignty over
a territory which was in the immediate neighbourhood of the
Colonial Possessions of the two countries; and he adds that
the ; M of that territory by any third Power could
hardly inspire in Her Britannic Majesty's Government those
ments of confidence and security with which they are
prepared to accept the award of the Arbitrator in favour of
Portugal.
In thanking Lord Lytton for the assurances which his
Excellency gives him in his note as to the sentiments of
cordiality and confidence entertained by Her Britannic Majesty's
1 rnnient, which sentiments are sincerely reciprocated by
His Most Faithful Majesty's Government, the Undersigned has
the greatest pleasure in giving his Excellency the fullest assur-
ance as to the determination of the Portuguese Government of
not ceding to any third Power the territory, the possession of
which may be secured for it in virtue of the arbitration of
Marshal McMahon, and of observing, both on this and on all
other occasions, a perfect loyalty towards the British Govern-
ment, in whose friendship and loyalty the Government of His
Most Faithful Majesty entirely confides.
The Undersigned, &c.t
JOAO DE ANDRAUE CORVO.
Lord Lytton.
G99
Jnne, 1875.] GREAT BRITAIN AND TO1M I clAL. [No. 144
[Lorenzo Marques or Delag-oa Bay.]
(3.) Lord Lytton to Seiihor C'jrvo,
Cintra, 24M June, 1875.
IN acknowledging the receipt of the obliging reply which
the Undersigned, Her Britannic Majesty's Envoy Extraordinary
and Minister Plenipotentiary, has had the honour to receive,
under date of the 17th instant, from His Most Faithful
Majesty's Minister for Foreign Affairs to the note addressed l>y
the Undersigned, on the 14th instant, to his Excellency, in-
viting the Portuguese Government to enter into an Agreement
with the Government of Her Britannic Majesty not to cede m-
sell to any third Power the territories on the south-east eoa>t of
Africa awarded to Portugal by the decision of the President of
the French Republic, to whose arbitration the adverse claims of
the two Governments to the territories in question \vere by
mutual consent submitted, without having previously given to
HIT Britannic Majesty's Government the opportunity of making
a reasonable offer for the purchase or acquisition, by other
arrangement-* satisfactory to Portugal, of the territory thus
awarded, the Undersigned has much pleasure in expressing to
His Most Faithful Majesty's Minister for Foreign Affairs the
great satisfaction with which the assurance contained in his
Excellency's above-mentioned note of the 17th instant has been
received by Her Britannic Majesty's Government.
Requesting His Most Faithful Majesty's Minister for Foreign
Affairs to accept his own thanks and those of Her Britannic
Majesty's Government for this prompt and satisfactory answer
to his communication of the 1 Uh instant, the Undersigned
avails himself, ivc.
LYTTON.
JScnhor Corro.
700
No. 145J M IJIMTMN L5D PORTUGAL 24 July, 1875.
[Lorenc-o Marques or Delaffoa Bay.]
No. 145.— DKr.lSlON of the P,:*i,l. ,,t of U»-
Ibpliblie, mi (If IH*i>nt>- In-ln-een Grud Jlritniii and
rjnl /vxyi(v/;,/y tlie possession of '-n-tnin Tn-ritvrn
'•unit in fin- JJny of Delayoa <>r />//*///•-/ M-inni.es.
1 ". L'l/// July, 1875.
(Translation.)
\\'K, Marie Edme Patrice Maurice do MocMahon, Duko of
M;i!_'<-n<;i. M;irsh;il of Franco, President of the French Republic,
ruling \\\ \ irfne of the powers which have been conferred on the
President of the French Republic in the terms of the Protocol
signed at Lisbon, 15th September, 1872 (No. 142), by which
the Government of Her Majesty the Queen of Great Britain
and Ireland and that of His Majesty the King of Portugal IKIVO
agreed to leave to the President of the French Republic, to be
decided by him positively and without appeal, the dispute
which has been pending between them since the year 1823, on
the subject of the possession of the territories of Tembe and
Maputo, and of the Inyack and the Elephants Islands, situated
in the Bay of Delagoa or Lorenzo Marquez, on the East Coast
of Afrir.'i :
Considering the Case submitted to the Arbitrator by the
Representatives of the two Parties on the 15th September,
1873 ;* and the Counter-Case likewise submitted by them on the
14th and 15th September, 1874 :*
Considering the letters from his Excellency the English
Ambassador and from the Portuguese Minister at Paris, dated
8th February, 1875 :*
The Commission appointed on the 10th March, 1873, for
the purpose of examining the documents and papers respec-
tively produced, having acquainted us with the result of its
examination :
Whereas the litigation, so far as its object has been deter-
mined by the Cases submitted to the Arbitrator, and lastly,
by the letters above referred to from the Representatives at
' It has not been thought necessary to giro these document*. — E. II.
701
24 July, 1875.] GREAT BRITAIN AND PORTUGAL. [No. 145
[Lorenco Marques cr Delagroa Bay.]
Paris of the two Parties, bears on the right to the following
territories, viz. : —
1. The territory of Tembe, bounded on the north by the
River Espirito Santo, or English River, and by the River
Lorenzo Marqnez, or Dundas ; on the west, by the Lebombo
Mountains ; on the south and on the east, by the River Maputo,
aiid from the mouth of this river up to that of the Espirito
Santo by the shore of the Bay of Delagoa, or Lorenzo Marquez.
2. The territory of Maputo, in which are comprised the
peninsula and island of Inyack, as Avell as the Elephants
Island, and which is bounded on the north by the shore of the
bay ; on the west by the River Maputo, from its mouth up to
parallel 26° 30' of south latitude ; on the south by this same
parallel ; and on the east by the si a :
Whereas the Bay of Delagoa, or Lorenzo Marqnez, was dis-
covered in the 10th century by Portuguese navigators ; and
whereas up to the 17th and 18th, Portugal has occupied various
points on the north coast of this bay, and on the island of
Inyack, of which the Isle of Elephants is a Dependency :
Whereas, since the discovery, Portugal has at all times
claimed rights of sovereignty over the whole of the bay and
riverain territories, as well as the exclusive right of trading in
it ; whereas, moreover, she has sustained this claim by force of
strms ngainst the Dutch, about 1732, and against the Austrians,
in 1781 :
Whereas the actions by which Portugal has sustained its
pretensions have not raised any remonstrance on the part of the
Government of the United Provinces, and whereas, in 1782,
these pretensions have been tacitly accepted by Austria, after
diplomatic explanations exchanged between this Power and
Portugal :
Whereas in 1817 England herself did not contest the right
of Portugal, when she concluded with the Government of His
Most Faithful Majesty the Convention of 28th July (No. 138),
for the suppression of the Slave Trade ; whereas, moreover, the
second Article of this Convention should be interpreted in this
sense that it designates as forming part of the possession of the
Crown of Portugal the whole of the bay to wrhich is applied
702
No. 145] UKKAT BRITAIN AND PORTUGAL. [24 July, 1875.
[Lor«n90 Marques or Delaaroa Bay.]
without distinction one or other of the denominations Uelagoa,
or Loren/o .Marquez :
\\\\< T.'.-IS, in 1822, t he ( iovernment of Hi.-. I JritanmV
when charging Captain Owen with the hydro^raphieal survey
of tli>' 15, iv of Delagoa, and of the rivers which h;ivi- tln-i:
mouth there, had iveommended him to the good offices of the
Portii'_;-HeM' ( lovernment:
WKereas, if the accidental weakness of the Portuguese
authority in these parts was able, in 1823, to lead Captain Owen
into error, am: cause him to consider in good faith, as actually
independent of the Crown of Portugal, the native chiefs of the
territories DOW in dispute, the acts concluded by him with these
Chiefs were none the less in violation of the rights of Portugal :
Whereas, almost immediately after the departure of the
,sh ships, the Native Chiefs of Tembe and Maputo recog-
ni/ed afresh their dependence in the presence of the Portuguese
authorities, thus testifying themselves that they had not had
the power of contracting:
Whereas the Conventions signed by Captain Owen and the
Xat ive Chiefs of Tembe and Maputo, even if they had then been
exchanged between parties capable of contracting, would now
be void, the Act relating to Tembe stipulating essential condi-
tions which have not been carried out, and the Acts concerning
Maputo, concluded for fixed periods of time, have never been
renewed after the expiration of these delays :
Therefore we have judged and decided that the claims of the
ftovernment of His Most Faithful Majesty to the territories of
Tembe and Maputo, to the Peninsula of Inyack, and to the Isles
of Inyack and the Elephants, are duly proved and established.
Versailles, 24th July, 1875.
Mal. DE
Duke of Magenta^
703
7 Oct., 1882.] GREAT BRITAIN AND PORTUGAL. [No. 146
[South African Republic (Transvaal).]
No. 146.— PROTOCOL. Great Britain and Portugal British
Ratification of the Convention between Portugal and the
South African Republic (Transvaal) of llth December,
1875. Exchange of Ratifications. 1th October, 1882.
THE Undersigned met together at the Department of
Foreign Affairs of Portugal for the purpose of proceeding to
the exchange of the I'atifications by Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland, as Suzerain
•of the Transvaal State, and by His Majesty the King of
Portugal and of the Algarves, of the Treaty and Protocol con-
cluded arid signed between Portugal and the South African
Republic, now the Transvaal State, on the llth December,
1875.*
The two Plenipotentiaries, after having shown to each
other their respective full powers, authorizing them to carry
out the act in question, with the declarations contained in the
notes dated the 26th and 31st of last May, which they mutually
^communicated to each other, and which are annexed to this
Protocol, read over the original instruments of the said ratifica-
tions, and having found them correct and in due and proper
form, the exchange of the same was effected.
In witness whereof the Undersigned have drawn up this
Protocol, and have affixed thereto their respective seals.
Done in duplicate at Lisbon on the 7th day of October,
1882.
(L.S.) WALTER BARING.
(L.S.) A. DE SERPA PIMENTEL.
* See Convention between British and Transvaal Governments, 3rd
August, 1881 (see SOUTH AFBICAN REPUBLIC, p. 811).
704
No. 148] GREAT BRITAIN AND PORTUGAL. [7 Oct., 1882.
[South African Republic (Transvaal;.]
(ANNEX I.) — EXPLANATORY Non
Sir C. Wyke to Senhor Serpa.
British Legation, Lisbon, 26th May, 1882.
M. Ic Ministiv,
Wnn reference to your Excellency's note to Mr. Saurin ol
the 2 1st January last, I have now the honour, in compliance
with instructions received from Earl Granville, to deliver to
you a copy of a despatch addressed to me by his Lordship,
dated the 12th instant, embodying the views of Her Majesty's
Government with respect to the unratified Treaty between the
Portuguese Government and the Transvaal, of the llth De-
cember, 187,5.
Exemption from Duties of the Produce of the Transvaal and of tie
Portuguese Possessions in Mozambique.
I beg leave to call your Excellency's attention to the refer-
ence made in the above-mentioned despatch to Article III of
the said Treaty, exempting from duties the products of the
Transvaal and of the Portuguese Possessions in Mozambique.
Jurisdiction and Duties of the Portuguese Consuls in the
Transvaal.
and to the provision of Article XXV of the Convention of the
3rd August, 1881, as well as to Articles XVI to XX in the
Treaty of the llth December, 1875, respecting the jurisdiction^
and duties of Portuguese Consuls in the Transvaal.
Railway from Portuguese Frontier to the Transvaal and Swaziland.
Another point in this despatch to which I should advert is
the stipulation in the Protocol attached to the last-named
Treaty for the continuation of the railway from the Portuguese
frontier to the Transvaal, passing through Swaziland, the
independence of which was recognized by tiie Convention of
705
7 Oct., 1882.] GREAT BRITAIN AND PORTUGAL. No. 146
[South African Bepublic (Transvaal).]
tlie 3rd August, 1881, as it had already been by Her Majesty's
Government during the British occupation of the Transvaal.
Your Excellency will observe, by the statement contained in
Lord Granville's despatch, that Her Majesty's Government will
be willing to use their influence to facilitate such agreement
with the Swazis as may be requisite to enable the line of rail-
way to be continued through Swaziland to the frontier of the
Transvaal State.
In conclusion, I have the honour to inform your Excellency
that I am authorized by Her Majesty's Government, as you
will perceive from Lord Granville's despatch, to exchange the
•ratifications of the Treaty in question (1875) under the condi-
tions set forth in that despatch, which conditions might be
recorded by an exchange of notes, to be referred to in a
Protocol annexed to the said Treaty.
If your Excellency should concur in the course thus pro-
posed, I would request you to be so good as to favour me with
your reply, as well as with a draft copy of the Protocol,
embodying the conditions referred to in the notes thus ex-
changed, for my own consideration of the matter and subsequent
transmission to Her Majesty's Government for their approval.
I avail, &c.,
C. L. WYKE.
(Inclosure in Annex I.)
Earl Granville to Sir C. Wyke.
Sir, Foreign Office, 12th May, 1882.
I HAVE communicated to Her Majesty's Secretary of State
for the Colonies Mr. Saurin's despatch of the 21st January
last, inclosing a copy and translation of a note addressed to
him by M. Serpa on the same day, referring to the uuratified
Treaty between the Portuguese Government and the Transvaal
of the llth December, 1875,* and at the same time expressing
the readiness of Portugal to forward the construction of the
* See PORTUGAL and SOUTH AFBICAN REPUBLIC, p. 823. Ratifications
•exchanged between Great Britain and Portugal, 7th Oct., 1882, p. 704.
706
No.146] \r.MKM\l\ \M)PORTIW\! 70ct.,1882.
[South African Republic Transvaal).]
railway fiom Lourenco Marines to the frontier, in conformity
with tin- stipulations <>! that Treaty. M. Serpa in his note
requests tlmt Her Majesty's Government should Accordingly
communicate the views therein contained to the Government
of the Transvaal, through tin* British Resident in ii
and that. Her Majesty's l,> -at i'>n at Lisbon should l»c fnniishcd
with the necessary ])owrrs of ratilicat ion on the- part of tho
Transvaal government.
/>tii in from Duties of the Produce of the Transvaal and of the
Portugal •<• Put •.-•-•inns in Mozambique.
With reference to Article I II of the Treaty, the Earl of
Kiniberley observes that it reciprocally exempts from duties
the products of the Transvaal and the Portuguese Possessions
in Mozambique, and as, under Article XXV of the Convention
of the 3rd August, 1881,* British produce imported into the
Transvaal is entitled to the treatment of the most favoured
nation, it would follow that British produce would be entitled
to the same privilege of exemption aa the produce of Mozam-
bique. Her Majesty's Government, however, have no intention
of claiming the benefit of that stipulation, and they consider
that it should be retained in the Treaty, looking to the difficulty
of collecting duties on the extended land frontiers of the Portu-
guese Possessions and the Transvaal.
Jurisdiction and Ditties of I'nrtuijiu'se Conmtlx in the TraimcaaL
Articles XVI and XX, relating to the Consuls, appears to
contain nothing which conflicts with the Convention of the
3rd August, 1881,* so far as concerns Portuguese Consuls in
the Transvaal, except that Article XIX assigns certain quasi-
diplomatic duties to the Consuls; but as Her Majesty's Con-
sular Officers will act on behalf of the Transvaal State abroad.
the stipulation relating to the appointment of Consuls by tho
South African Republic, now the Transvaal State, can no longer
have any application.
* See SOUTH ATRICAJT REPrBLic, p. Sil.
707
7 Oct., 1882.] GREAT BRITAIN AND PORTUaAL. [No. 146
[South African Republic (Transvaal).]
The exequatur to Portuguese or to any other foreign Consuls
in the Transvaal will, of course, be granted by Her Majesty'a
Government.
Railway from Portuguese Frontier to the Transvaal across
Swaziland.
As regards the stipulation in the Protocol attached to the
Treaty, by which the Government of the South African Re-
public bound itself to continue the line of railway from the
Portuguese frontier, I have to observe that a portion of the line
of railway, after quitting the Portuguese territory, would pass
through Swaziland, the independence of which is recognized
by the Convention of the 3rd August, 1881,* as it had previously
been by Her Majesty's Government during the British occupa-
tion of the Transvaal.
It will be proper that you should point this out to the
Portuguese Government, giving them at the same time the
assurance that, in case of steps being taken to construct the
railway, Her Majesty's Government will use their influence to
facilitate such agreements with the Swazis as may be requisite
to enable the line to be continued through Swaziland to the
frontier of the Transvaal State.
I have now to instruct yon to deliver a copy of this
despatch to the Portuguese Minister for Foreign Affairs, and to
inform his Excellency that you are authorized by Her Majesty's
Government to exchange the ratifications of the Treaty under
the conditions above explained, which might be recorded by an
exchange of notes, to be referred to in a Protocol annexed to
the Treaty.
If this coarse should be concurred in by His Excellency, you
will transmit to me a copy of the proposed notes and Pro-
tocol referring thereto for the approval of Her Majesty's
Government.
I am, &c.,
GRANVILLE.
* See SOUTH AFRICAN REPUBLIC, p. 841.
708
No. 146] GRKAT HKITMN \NDPOBTUGAL. [7 Oct., 1882.
[South African Republic (Tranivaal).]
(ANNEX 2.)
Senhor Serpa to Sir Charles Wyke.
(Translation.) Lisbon, 31st May, 1882.
Your Excellency,
His Majesty's Government have taken into due considera-
tion the note which your Excellency did me the honour to
address to me on the 26th instant, as well as the despatch
addressed to your Excellency by Earl Granville, with reference
to the exchange of the ratifications of the Treaty between
Portugal and the Transvaal of the llth December, 1875, and of
which a copy was forwarded to me by your Excellency.
I am informed by your Excellency that you are authorized
to proceed to the exchange of the ratifications of that Treaty
under the conditions and with the declarations contained in
that despatch, namely : —
Exemption from Duties of the Produce of the Transvaal and of
the Portuguese Possessions in Mozambique.
1. That inasmuch as Article III of the Treaty provides for
the mutual exemption from import duties on the products of
the Transvaal and of the Portuguese Possessions in Mozam-
bique, and inasmuch as British products are entitled, in virtue
of Article XXV of the Convention of the 3rd August, 1881,* to
enjoy the treatment accorded to the products of the most
favoured nation, they are also entitled to enjoy the exemption
stipulated in favour of the products of Mozambique. That,
nevertheless, Her Britannic Majesty's Government do not
intend to claim the benefit of the stipulation in question, and
they consider that it ought to be retained in the Treaty in view
of the difficulty of collecting customs duties along the extensive
land frontier which separates the Transvaal from the Portu-
guese Possessions.
* See SOUTH AFBICAN REPUBLIC, p. 841.
709 3 D
7 Oct., 1882.] GREAT BRITAIN AND PORTUGAL. [No. 146
[South African Republic (Transvaal).]
Jurisdiction and Duties of Portuguese Consuls in the Transvaal.
2. That Articles XVI to XX of the Treaty of the llth
December, 1875,* which relate to Consular Agents, do not
contain any provisions that are contradictory to the Convention
of the 3rd August, 1881, as far as regards the Portuguese
Consular Agents, with the exception of Article XIX, which
confers almost diplomatic functions upon the Consuls ; but as
Her Britannic Majesty's Consular Agents •will repi'esent the
Transvaal in foreign countries, the stipulation concerning the
appointment of Consuls on the part of the South African
Republic is not applicable, and the exequatur to the Portuguese
Consular Agents, or to those of any other foreign nation, will of
course be accorded by Her Britannic Majesty's Government.
Railway from Portuguese Frontier to the Transvaal, across
Swaziland.
3. That by the Convention of the 3rd August, 1881, the
independence of Swaziland was recognized, through which
territory the line of railway must run which the Transvaal
'•bound itself to construct from the Portuguese frontier to some
centre in the interior, in accordance with the stipulations set
forth in the Protocol annexed to the said Treaty ; but that, in
the event of steps being taken for carrying into effect the con-
struction of that line of railway, Her Britannic Majesty's
Government will use their influence in order to get the Swazis
to accede to any agreements which may be rendered necessary
for the purpose of the said line of railway crossing the territory
of Swaziland.
His Majesty's Government, on their part, have no objection
that these declarations should be embodied in the notes ex-
changed between the two Governments, and to which reference
is to be made in the Protocol which will remain annexed to the
Treaty of the llth December, 1875.*
* See POETTTGAI and SOUTH AFBICAN REPUBLIC, p. 823.
710
No 1461 «;i:i:\ r H!!ir\i\ \ \i> IMI: ! i • . \i.. 7 Oct., 1882.
[South African Republic (Transvaal).]
I >t inn from payment of Tniport Duties of //<•• I'mJuce of the
Triiurtiiil nf tin' I' irtnijuese Possessions in Mozamli
His Majesty's Government fully agree with the Government
of Her Britannic Majesty as to the expediency of retaining the
stipulation set forth in Article III of the Treaty, which ex-
empts from the payment of import duties in the territory of
^outh African Republic, the products of the soil or of the
industry of the Portuguese possessions in Mozambique, and
i In- products of the soil or of the industry of that
I {fj in M ir in the said possessions.
His Majesty's Government abstain, as in duty bound, from
ex pressing an opinion with respect to the interpretation or
application of the clause of the most-favoured-nation treatment
stipulated in the Convention of the 3rd August, 1881, between
Great Britain and the South African Republic ;* His Majesty's
Government are, however, glad to see that, whatsoever objec-
tions might perchance be entertained by the Government of
the Transvaal in retaining the stipulation laid down in Article
Til of the Treaty of 1875, with the obligation of extending to
the products of other nations the benefit accorded to the pro-
ducts of the Portuguese possessions in Mozambique, those objec-
tions will be entirely removed by the solemn declaration made
by Her Britannic Majesty's Government that they do not intend
to claim the benefit of that stipulation. His Majesty's Govern-
ment, when they consented to exempt from the payment of all
import duties on the land frontier of the Province of Mozambique
the products of the soil and of the industry of the Transvaal, did
so in view of the special circumstances to which Earl Granville
alludes, and they do not, on their part, consider themselves
bound to accord in the maritime Custom-houses a similar ex-
emption in favour of the products of any nations to which they
may have guaranteed a most-favoured-nation treatment.
Jurisdiction and Duties of Portuguese Consuls in the Transvaal,
The South African Republic having accepted the suzerainty
of, and control by, Her Britannic Majesty as regards the ex-
ternal relations of that Republic, His Most Faithful Majesty
* See SOUTH AFRICAN REPUBLIC, p. 841.
711 3 D 2
7 Oct., 1882.] GKREAT BRITAIN AXD PORTUGAL. [No. 146
[South African Republic (Transvaal).]
cannot but acknowledge that the Articles of the Treaty of the
llth December, 1875, which relate to Consular Agents, will
have to be modified in the sense mentioned in Earl Granville's
despatch.
Railway from Portuguese Frontier t) the Transvaal, across
Swaziland.
His Majesty's Government are thankful for and accept the
offer made to them by Her Britannic Majesty's Government of
interposing their influence in order to facilitate the construc-
tion of the line of railway from Loren9o Marques across the
territory of Swaziland. His Majesty's Government were
already reckoning upon the valuable co-operation of Her Bri-
tannic Majesty's Government for the carrying out of a work
which must effectually tend to the civilization of Southern
Africa; and if the new surveys and inquiry, which it is ex-
pedient should still be made, were to prove that the best route for
the line to follow lies across Swaziland, and that this country,
under the influence of Great Britain, is able to give the indis-
pensably requisite facilities and guarantees as regards safety
for the construction of the line and for the traffic thereon, His
Majesty's Government will not fail to solicit in due time the
intercession of Her Britannic Majesty's Government with a
view to coming to the requisite agreements with that country.
Conditional Exchange of Ratifications of the Treaty between
Portugal and the Transvaal of llth December, 1875.
The conditions under which the exchange of the ratifications
of the Treaty of the llth December, 1875,* is to be effected
having thus been explained, I flatter myself with the belief
that Her Britannic Majesty's Government will agree to proceed
to the act in question, and to the signature, at the same time,
of a Protocol in accordance with the draft which I have the
honour to transmit herewith to your Excellency, and which is
to be annexed to the Treaty.
I avail, &c.
A. DE SERPA.
* See PosTtfGAL and SOUTH APBICAN BEPUBLIC, p. 823.
712
No. 1-17 GRKAT BRITAIN AXI) PORTUGAL. [26 Feb., 1884.
[Conffo, Zambesi, and Territory on West Coast.]
No. 147.— TREA TY bed",,,, II, r .V«j,*t</ ««<l II '•'
tin- A'/'/?.// i if I'nrf nif<tf ,;•*/>,(•/ i ny (lie Rivera Con;/"
and t/te Territory on the West Coast of Aj
tin' S"J ,in(l ~)° 12' of Soi'f/i /,"////"/••. Xi<j,i>'l "I
, 'KM I, Fi-ln-uitrif, 1884.*
[This Treaty was not ratified, but see Agreement, 14th No-
vember, 1890, page 728.]
HKR Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, &c., &c., &c., and His
Most Faithful Majesty the King of Portugal and the Algnrvcs,
&c., <kc., &c., being animated with the desire to draw closer
the ties of friendship which unite the two nations ; to put an
end to all difficulties relative to the rights of sovereignty over
the districts at the mouth of the Congo on the West Coast of
Africa, situated between 8° and 5° 12' of south latitude ; to pro-
viili- for the complete extinction of the Slave Trade ; and to pro-
mote the development of commerce and civilization in the African
Continent; have resolved to conclude a Treaty for this purpose,
and have named as their Plenipotentiaries, that is to say :
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, the Right Honourable
Granville George, Earl Granville, K.G., Her Majesty's Prin-
cipal Secretary of State for Foreign Affairs, &c., &c. ;
And His Most Faithful Majesty the King of Portugal and
the Algarves, Senhor Miguel Martins d'Antas, Envoy Extra-
ordinary and Minister Plenipotentiary of His Most Faithful
Majesty at the Court of Her Britannic Majesty, &c., &c. ;
Who, after having communicated to each other their respec-
tive full powers, found in good and due form, have agreed upon
the following Articles : —
ART. I. Subject to the conditions of the present Treaty,
Her Britannic Majesty agrees to recognize the sovereignty of
His Most Faithful Majesty the King of Portugal and the
Algarves over that part of the West Coast of Africa situated
between 8° and 5° 12' of south latitude : and inland as far
as follows : —
« S.P., vol. IIXT, p. 476.
713
26 Feb., 1884.] GREAT BRITAIN AND PORTUGAL. [No. 147
[Congo, Zambesi, and Territory on West Coast.]
On the River Congo the limit stall be JSTokki.
On the coast situated between 8° and 5° 12' of south latitude
the inland eastern frontier shall coincide with the boundaries
of the present possessions of the coast and riparian tribes. This
frontier shall be denned, and the definition shall be communi-
cated with the least possible delay by His Most Faithful
Majesty to Her Britannic Majesty.
The definition, when" approved by the High Contracting
Parties, shall be recorded in a Protocol to be annexed to the
present Treaty.
AKT. II. — Right of Access of Subjects of all Nations to the above
Territory.
ART. III. — Freedom of Navigation of the Rivers Congo and
Zambesi and their affluent*. Claims of Portugal on the Shire not
to f. vt end beyond the confluence of the River Ruo with that river.
ART. IY. — Freedom of Trade and Navigation, ,fyc.
ART. V. — No Transit or other Duties to be levied.
ART. VI, — Open Road*.
AKT. VII. — Protection of Missionaries. Religious Liberty.
ART. VJ1I. — Treaties it'ith Native Chiefs to be communicated
lry either Power to the other.
ART. IK.— Customs Tariff.
ART. X. — Confirmation of Privileges to British, Subjects and
their Commerce. Most-favoiired-nation Treatment.
ART. XI.— Wreck.*.
ART. XII. — Slacery and the Slave Trade. Permission to-
British Ships of War to enter Territorial Waters of Portuguese
Eastern African Colonies for Suppression of the Slave Trttdr.
Similar powers to be given, if required, to Portuguese Vessels in
British South African Possessions.
ART. XIII. — Stipulations of Art. I. to apply to all Territories
hereafter brought under Portuguese Sovereignty.
ART. XTV. — British right af pre-emption in event of abandon-
ment by Portugal of Fort of St. John the Baptist of Ajudd, on the
Coast of Mina, or of any rights claimed by Portugal between o°
Hast and 5° West Long, on the same coast
[Annex. Mozambique Tariff.]
714
No.148 (iKi.M i;i;n \i.\ \ \\> IM»I: i i .. \i. 20 Autf., 1890.
[Spheres of Influence. North of the Zambezi.]
No. 148.— CONVENTION betw. // :•'
of tin- r,<if.,i Kiii'j,i.>,;i i,f Great /;//'/"/// and I,->i«n<i <>/i>/
//- .}f>'j,«fi/ t/ii- Kin'! "f r«rt>"l<il uml tin All/Hi--
pect to T''rritnrn-< in . I :'"//' .///;//'->•/, I*'.)*).*
[Not ratified, bnt see Note, p. 72(>.]
1! Majesty the Queen of the United Kingdom of Great
Bricain and Ireland, Empress of India, &c., <fec., and His Most
l-.uilu'iil Majesty the King of Portugal and the Algarves, &c.,
•Ye., being animated with, the desire to draw closer the ties of
friendship which unite the two nations, and lo settle by com-
mon accord certain matters relative to their respective spheres.
of influence in Africa, have determined to conclude a Conven-
tion to that effect, and have named as their respective Pleni-
potentiaries ( that is to say) :
Her Majesty the Queen of the United Kingdom of Great
Britain ami Ireland, Empress of India, the Right Honourable
Robert Arthur Talbot Gascoyne Cecil, Marquis of Salisbury
K.G., Her Majesty's Principal Secretaiy of State for Foreign
A flairs. &c. ;
And His Most Faithful Majesty the King of Portugal and
the Algarves, August Cesar Barjona do Frcitas, Envoy Extra-
ordinary and Minister Plenipotentiary of His Most Faithful
Majesty at the Court of Her Britannic Majesty, &c. •
Who, having communicated to each, other their respective
full powers found in good and due form, have agreed upon the
following Articles : —
AKT. I. Great Britain agrees to recognize, as within the
dominion of Portugal in East Africa, the territories bounded —
Limits of Portuguese Dominions recognised by Great Britain, north
of the Zambesi.
1. To the north by a line which follows the course of the
Hiver Rovuma from its mouth up to the confluence of the River
* Parliamentary Paper, " Africa, No. 2 (1890-91) " Not ratified, but «eo
Note, p. 726, and Agreement, 14th November, Ib'JU, i>. 7;>.
715
20 Aug., 1890.] GREAT BRITAIN AXD PORTUGAL. [No. 148
[Spheres of Influence. South of the Zambesi.]
M'Sinje, and thence westerly along the parallel of latitude to
the shore of Lake Nyassa.
2. To the west by a line which, starting from the above-
mentioned frontier on Lake Nyassa, follows the eastern shore
of the lake southwards as far as the parallel of latitude 13° 30'
south ; thence it runs in a south-easterly direction to the
eastern shore of Lake Chiuta, which it follows. Thence in a
direct line to the eastern shore of Lake Chilwa, or Shirwa,
which it follows to its south-easternmost point ; thence in a
direct line to the easternmost affluent of the River Ruo, and
thence follows that affluent, and, subsequently, the centre of
the channel of the Rno to its confluence with the River Shire.
From thence it runs in a direct line to a point half-way be-
tween Tete and the Kabra-bassa Rapids.
Zumbo.
The Settlement of Zumbo, with a radius on the northern
bank of 10 English miles, remains under the dominion of
Portugal, but shall not, without the previous consent of Great
Britain, be transferred to any other Power.
South of the Zambesi. Recognition by Portugal of British Sphere
of Influence. (See Art. VII.)
ART. II. To the south of the Zambesi, the territories within
the Portuguese sphere of influence are bounded by a line which,
starting from a point opposite the western extremity of the
10-mile radius of Zumbo, runs directly southwards as far as the
16th parallel of south latitude, follows that parallel to its in-
tersection with the 31st degree of east longitude (Greenwich),
thence running eastward direct to the point where the River
Mazoe is intersected by the 33rd degree of east longitude ; it
follows that degree southwards to its intersection by the 18° SO''
parallel of south latitude; runs along that parallel westward to
the atfluent of the River Save or Sabi, which is called the River
Mash eke ; follows that affluent, and afterwards the centre of
716
No. 148] GRKVT i :K IT \ IN' AND PORTUGAL. [20 Aug., 1890
[Spheres of Influence. South of the Zambesi.]
.the main channel of the Save, to the confluence of the Luntc,
whence it strikes direct to the north-eastern point of the
frontier of the South African Republic, and follows the eastern
frontier of the Republic, and the frontier of Swaziland, to the
River Maputa.
Non-Cession by Portugal of Territories without consent of Great
Britain.
Portugal engages not to cede her territories to the south of
the Zambesi to any other Power without the previous consent
of Great Britain.*
Extension of Portuguese Sphere of Influence South of Delagoa
Bay.
Great Britain engages not to make any objection to the
•extension of the sphere of influence of Portugal, south of
Delagoa Bay, as far as a line following the parallel of the con-
fluence of the River Pongola with the River Maputa to the
sea-coast.
Non-Cession by Portugal of above Territory without consent of
Great Britain.
Portugal engages that the territory of which the limits are
defined in this Article shall not, without the consent of Great
Britain, be transferred to any other Power.
Western Line of Division.
ART. IV. It is agreed that the western line of division
separating the British from the Portuguese sphere of influence
in Central Africa shall follow the centre of the channel of the
Upper Zambesi, starting from the Katima Rapids up to the
junction with that river of the River Kabompo, and thence up
the centre of the channel of the Kabompo.
* See also Exchange of Notes, June 1875, p. 697.
717
20 Aug., 1890.] GREAT BRITAIN AXD PORTUGAL. [No. 148
[Spheres of Influence North and South of the Zambesi.]
Non-cession by Portugal of above Territory without Consent of
Great Britain.
The country hereby recognized as Portuguese shall not,
without the consent of Great Britain, be transferred to any
other Power.
Extension of Portuguese Sphere of Influence.
It is understood on both sides that nothing in this Article
shall affect the existing rights of any other State. Subject to
this reservation, Great Britain will not oppose the extension of
the Portuguese sphere of influence beyond the above-mentioned
limits.
Limits of British Sphere of Influence north of the Zambesi
recognized by Porturjal.
ART. V. Portugal agrees to recognize, as within the sphere
of influence of Great Britain on the north of the Zambesi, the
territories extending from the line described in the preceding-
Article to Lake Kyassa, including the islands in that lake south
of parallel 11° 30', and to the line described in Article I, with
the exception of Zumbo and a radius of 10 English miles
round it.
Limits of British Sphere of Influence south of the Zambesi
recognized by Portugal.
ART. VI. Portugal agrees to recognize, as within the sphere
of influence of Great Britain, to the south of the Zambesi, the
territories bounded on the east and north-east by the line
described in Article II.
Boundary Lines subject to Ratification.
ART. VII. All the lines of demarcation traced in Articles I
to VI shall be subject to rectification by Agreement between
the two Powers, in accordance with local requirements.*
* See Treaty, llth June, 1891, p. 731.
718
No. 148J <!!:!•: vi BB1XAIN AND POBXUOAL [20 Aug., 1890.
[Spheres of Influence In Africa.]
it.interfert'ucr iri/h reject ice Spheres of Influence.
ART. VIII. Tho two I'... _-:ige that neither will in-
r with any sphere of influence .i»i'_rneil to the other by
Articles I to VI. One Power will not in the sphere ci' tin
otluT make acquisitions, conclude Treaties, or accept sovereign
rights or Protectorates.
Non-exercise of Sovereign Sight n by Companies or Individuals.
It is understood that no Companies nor individuals subject
to one Power can exercise sovereign rights in a sphere assigned
to the other, except with the assent of the latter.
Trading and Mineral Concessions and Real Property Rights.
AIM. IX. Trading and mineral Concessions, and rights to
real property, held by Companies or individnals, subjects of
one Power, shall, if their validity is duly established, be re-
cognized in the sphere of the other Power. It is understood
that Concessions must be worked in accordance with local
laws and regulations.
Reference of Disputes to Arbitrator.
]f a difference of opinion shall arise between the two
Governments as to the validity of the Concession, or as to
the equitable character or suitability of the above-mentioned
local laws and regulations, it shall be settled by the arbitration
of a jurisconsult of neutral nationality.
Protection of Missionaries.
ART. X. In all territories in Africa belonging to or under
the influence of either Power, missionaries of both countries
shall have full protection.
Religious Toleration. Schools.
Religious toleration and freedom for all forms of divine
worship and religious teaching are guarantee*!.
719
"20 Ang., 1890.] GREAT BRITAIN AND PORTUGAL. [No. 148
[Spheres of Influence in Africa.]
Freedom of Trade and Navigation of Rivers, Ttali.es, 8fc.
ART. XI. The two Powers engage that, in their respective
-spheres, as defined in Articles I to VI, trade shall enjoy com-
plete freedom ; the navigation of tne lakes, rivers, and canals,
and of the ports on those waters, shall be free to both flags ;
No different Treatment on Transport or Coasting Trade.
And no differential treatment shall be permitted as regards
transport or coasting trade ;
Exceptions.
Goods, of whatever origin, shall be subject to no dues
except those, not differential in their incidence, which may be
levied for objects directly connected with the administration,
or the suppression of the Slave Trade under the provisions of
the Act of the Brussels Conference, or to meet expenditure
in the interest of trade ;
No Transit Dues to be levied.
Xo transit dues shall be permitted;
No Monopolies or Trade Favours.
And no monopoly or favour in matters of trade can be
granted.
Freedom of Settlement in respective Spheres.
The subjects of either Power will be at liberty to settle
freely in the territories within the respective spheres.
Portuguese Reservations. Free Trade Zone.
Portugal reserves her right to exclude from the operation
of the free zone provisions of the Act of Berlin (No. 17), and
from the provisions of the preceding paragraph, her ports on
720
No. 148 GREAT BRIT \i\ IND PORTUGAL, 20 Aug., 1890,
[Spheres of Influence in Africa ]
the Hast Coast. She also reserves the right to exclude from t la-
operation of the provisions of the preceding paragraph her
l>'>rts on the West Coast.
Transit !>>'• 9,
She engages, however, not to charge transit dues exct
ing a maximum of .'{ per cent, on goods passing in transit
inwiirds or outwards between the coast and the British sphere
of influence, either by land or water. These dues shall in no-
case have a differential character, and shall not exceed the
customs dues levied on the same goods at the above-mentioned
ports.
Free Passage of Subjects and Goods.
It is understood that, under the terms of this Article, there
shall be freedom for the passage of subjects and goods of both
Powers across the Zambesi, and through the districts adjoining
the river for the purpose of such passage, along its whole
course, without hindrance of any description and without pay-
ment of transit dues.
Construction of Roads, Railways, Bridget, and Telegraph Lines.
It is further understood that within a zone of 20 English
miles on the north bunk of the Zambesi, Portugal shall have the
right to construct roads, railways, bridges, and telegraph lines
across the territories reserved to British influence on the north
of the Zambesi. Both Powers shall have thy same right within
a zone of 10 English miles on the south of the Zambesi be-
tween Te"te and the confluence of the Chobe. and within a zone
of the same dimensions running from the north-east of the
British sphere south of the Zambesi to the above-mentioned
zone. The two Powers shall have the power, in these zones, of
acquiring, on reasonable conditions, the land necessary for
such objects, and shall receive all other requisite facilities.
They shall also be allowed facilities for the construction on the
river, between the above-named limits, of piers and landing-
places for the purpose of trade or navigation. All materials.
721
20 Aug., 1890.] GREAT BRITAIN AND PORTUGAL. [No. 148
[Spheres of Influence. Zambesi and Shire.]
for the construction of roads, railways, bridges, and telegraph
lines shall be admitted free of charge.
Reference of Disputes to Arbitration.
Differences of opinion between the two 'Governments as to
the execution of their respective obligations, incirrred in accord-
ance with the provisions of the preceding paragraph, shall be
referred to the arbitration of two experts, one of whom shall
be chosen on behalf of each Power, who shall select an Umpire,
whose decision, in case of difference between the Arbitrators,
shall be final. If two experts cannot agree upon the choice of
an Umpire, this Umpire shall be selected by a neutral Power.
Free Navigation of Zambesi and Shire*
ART. XII. The navigation of the Zambesi and Shire, with-
out excepting any of their branches and outlets, shall bo
entirely free for the ships of all nations.
ART. XIII. Merchant ships of the two Powers shall, in the
Zambesi, its branches and outlets, have equal freedom of
navigation, whether with cargo or ballast, for the transporta-
tion of goods and passengers. In the exercise of this navigation
the subjects and flags of both Powers shall be treated, in all
circumstances, on a footing of perfect equality, not only for the
direct navigation from the open sea to the inland ports of the
Zambesi, and vice versa, but for the great and small coasting-
trade, and for the boat ti'adb on the course of the river. Con-
sequently, on all the course and mouths of the Zambesi there
will be no differential treatment of the subjects of the t\vo
Powers ; and no exclusive privilege of navigation will be con-
ceded by either to Companies, Corporations, or private persons.
The navigation of the Zambesi shall not be subject to any
restriction or obligation based merely on the fact of navigation.
It shall not be exposed to any obligation in regard to landing
station or depot, or for breaking bulk, or for compulsory entry
into port. In all the extent of the Zambesi the ships and goods
* Regulations for the Navigation of the Zambesi and Shire were published
in the " Diario" of 22nd June, 1892.
722
No. 148' i:\i i:'Mi\iN \\D IN.': i i .. \ L. 20 Aug., 1890.
[Spheres of Influence. Zambesi and Shire.]
in process of transit on tin- river shall be submitted to no
it dues, whatever their starting place or destination. No
maritime or river toll shall be levied based on the sole f;r
navigation, nor any tax on goods on board of ships. There
shall only be collected taxes or duties which shall be an
equivalent for services rendered to navigation itself. The
tariff of these taxes or duties shall not warrant ,-niy differentia]
treatment.
Tho afllucnts of the Zambesi shall be. in all respects, sub-
ject to the same rules as the river of which they are tributaries.
The roads, paths, railways, or lateral canals which may be
constructed with the special object of obviating the inuavig-
ability or correcting the imperfections of the river route on
certain sections of the course of the Zambesi, its affluents,
branches, and outlets, shall be considered, in their quality of
means of communication, as dependencies of this river, and as
equally open to the traffic of both Powei's. And, as on the
river itself, so there shall be collected on these roads, railways,
and canals, only tolls calculated on the cost of construction,
maintenance, and management, and on tho profits due to the
promoters. As regards the tariff of these tolls, strangers and
the natives of the respective territories shall be treated on a
footing of perfect equality.
Portugal undertakes to apply the principles of freedom of
navigation enunciated in this Article on so much of the waters
of the Zambesi, its affluents, branches, and outlets, as are, or
may be, under her sovereignty, protection, or influence. The
rules which she may establish for the safety and control of
navigation shall be drawn up in a way to facilitate, as far as
possible, the circulation of merchant ships.
Great Britain accepts, under the same reservations, and in
identical terms, the obligations undertaken in the preceding
Articles in respect of so much of the waters of the Zambesi, its
atHuents, branches, and outlets, as are or may be under her
sovereignty, protection, or influence.
Any questions arising out of the provisions of this Article
shall be referred to a joint Commission, ard, in case of dis-
agreement, to arbitration.
723
20 Aug., 1890.] GREAT BRITAIN AND PORTUGAL. [No. 148
[Spheres of Influence in Africa.]
Another system for the administration and control of the
Zambesi may be substituted for the above arrangements by
common consent of the Riverain Powers.
Lease to a British Company of a Piece of Land at the Mouth of
the Chinde.
Portugal, will, on application from Great Britain, grant to a
Company a lease for 100 years of 10 acres at the mouhh of the
Chinde, for purposes of transhipment. The ground so leased
shall not in any case be fortified.
Freedom of Passage between British Sphere of Influence and
Puny we Bay.
ART. XIV. In the interest of both Powers, Portugal agrees
to grant absolute freedom of passage between the British
•phere of influence and Pungwe Bay for merchandize of every
description, and to give the necessary facilities for the improve-
ment of the means of communication.
Construction of a Railway by Portugal from Pungwe Bay to the
Interior.
She undertakes to construct a railway to serve this region
within a period fixed by surveys, which shall be completed
with the least possible delay. An engineer named by the
British Government shall take part in these surveys, which
shall commence within a period of four months from the
signature of this Convention. In case these conditions
should not be precisely carried out, Portugal will grant to
a joint Company under the control of Portuguese and British
directors, and with seats in Lisbon and London, with the
least possible delay, a Concession for the construction of a
railway, with all requisite facilities for the acquisition of land,
cutting timber, and free importation and supply of materials
and labour.
Transit Dues.
It is understood that no dues shall be levied at the port of
724
No. 148; VT BRITAIN AND PORTUGAL. 20 Aug., 1890
[Spheres of Influence in Africa.]
entry or exit on goods in transit exceeding the maximum of
.: | IT cent, under the conditions .stipulated in Article ?\i.
I'm.-. l,n«i" .
It is further understood that the same provision as to «.«•,.(.. I-
in transit applies to tin- Limpopo, the Save, and nil other navi-
gable rivers flowing to the const of the Portuguese sphere* in
Mast or West Africa, with the exception of the Znrnl e-i.
Telegraphic Communicat ions.
ART. XV. Great Britain and Portugal engage to facilitate
telegraphic communication in their respective spheres.
The stipulations contained in Article XTV as regards the
construction of a railway from Pungwe Bay to the interior
shall be applicable in all respects to the construction of a tele-
urr;«ph line for communication between the coast and the British
sphere south of the Zambesi. (Questions as to the points of
departure and termination of the line, and as to other details
if not arranged by common consent, shall be submitted to the
arbitration of experts under the prescribed conditions.
Portugal engages to maintain telegraphic service between
the coast and the River Ruo, which shall be open to the use of
the subjects of the two Powers without any differential treat-
ment.
Great Britain and Portugal engage to give every facility for
the connection of telegraphic lines constructed in their respec-
tive spheres.
Details in respect to such connection, and in respect to
questions relating to the settlement of through tariffs and other
charges, shall, if not settled by common consent, be referred to
the arbitral nn < 1' experts under the prescribed conditions.
iisn of Differences to Arlnt ration.
AKT. XVI. All differences uot specifically mentioned in the
preceding Articles which may ari.se between the two Govern-
ments with regard to this Convention shall be submitted to
arbitration.
7 •_'.-. :\ K
Sept.— Nov., 1890.] GREAT BRITAIN AND PORTUGAL. [No. 148
[Spheres of Influence in Africa.]
Ratifications.
ART. XVII. The present Convention shall be ratified, and
the ratifications shall be exchanged at London as soon as
possible.*
In witness whereof the respective Plenipotentiaries have
signed the present Convention, and have affixed thereto the seal
of their arras.
Done in duplicate at London, the 20th day of August, in the
year of Our Lord, 1890.
(L.S.) SALISBURY.
(L.S.) BARJONA DE FREITAS.
Non-ratification r.f the above Convention.
Angola.
Note. — In September, 1890, f the Portuguese Governrnentwere
informed that, in the view of the British Government, with the
exception of Art. X, §§ 2 and 3, of Art. XL, §§ 2 and 3, and of
Art XIV, the provisions of the Convention as regarded the
western side of Africa did not apply to the Province of Angola,
but only to the territories recognized by Great Britain in that
Agreement as being within the Portuguese sphere of influence,
and that the limits of the Province of Angola should be taken
to be those laid down in Stieler's Atlas (Berlin, 1889).
On the 15th September, the Portuguese Government, pre-
sided over by Senhor Serfa Pimental, laid this Convention
before the Chamber of Deputies, and introduced a Bill for its
ratification, which was referred to a Committee ; but, owing to
the opposition made to the Convention, the Government re-
signed, and an interregnum ensued.
On the 6th October, Sir G. Petre, Her Majesty's Minister
at Lisbon, was instructed by the Marquis of Salisbury, by tele-
graph, to inform the Portuguese Minisier for Foreign Affairs
that if the Portuguese Government should allow the Session to
close without applying for the ratification of the Convention,
Her Maiesty's Government would not consider themselves
* This Convention was not ratified; but see Treaty, llth June, 1891, p. 731.
t Par. Paper, "Africa, No. 2 (1890-91)."
726
No. 148. i. u r:vi i;!:ii\i\ LND POBTUGAL, [Sept.— Nov., 1890.
[Spheres of Influence in Africa.]
boinitl by tin.- .si-_rn:iturc of ii : ami Sir(i. IVtru made a com-
munication to this effect to tlic I'm-t liu'in'.-*1 ' > »\<Tium-nt.
the 24th of tlio same month a i :uMiv»i:i! by the
new Portuguese .Minister for Foreign A Hairs (Senhur du
Bocagu) to Seuhor Sovrral, ilu- IVrt ii^iiese Charge d* Affairs in
London, in which he said : " The abandonment of the Treaty is
therefore, unfait accompli, as far as the British Government is
concerned, arising oat of the fact of the late Cabinet having
quitted office without having fulfilled their promise of submit-
ting it to a Parliamentary vote ; " and it vras added: " I accept
the abandonment of the Treaty as a fait accompli." Bat, on
the 14th November, 1890, an Agreement was signed between
the two countries, by Article IV of which they engaged to
recognize the territorial limits indicated in the Convention of
20th August, 1890, in so far that from the date of the Agree-
ment of 14th November, 1890, till its termination, neither
Party would make Treaties, accept Protectorates, or exercise
any act of sovereignty within the spheres of influence assigned
to the other Party by that Agreement (No. 149).
727 3 E 2
'14 Nov., 1890.] GKREAT BEITAIN AND PORTUGAL. [No. 149
[Navigation of the Zambesi, Shire, and Pung-we.]
No. 149.— AGREEMENT between Great Britain and Por-
tugal, recording a Modus vivendi respecting the Spheres of
Action of the two Countries in Africa. Navigation of
the Zambesi and Shire Rivers, &c. London, 14th November,
1890.*
THE Undersigned, duly authorized to that effect by their
respective Governments, have agreed as follows : —
Free Navigation of the Zambesi and Shire Rivers.
I. The Government of His Most Faithful Majesty the King
of Portugal and the Algarves engages to decree at once the
freedom of navigation of the Zambesi and of the Shire.
Freedom of Transit over Waterways of the Zambesi, Shire, and
Pungwe, also over Landways betu-een those Rivers.
II. The Government of His Most Faithful Majesty the
King of Portugal and the Algarves engages also to permit
and to facilitate transit over the waterways of the Zambesi,
the Shire, and the Pungwe, and also over the landways which
supply means of communication where these rivers are not
navigable.
Communications between Portuguese Ports on the Coast and the
British Sphere of Influence.
III. The Government of His Most Faithful Majesty the
King of Portugal and the Algarves further engages to facili-
tate communications between the Portuguese ports on the coast
and the territories included in the sphere of action of Great
Britain, espscially as regards the establishment of postal and
telegraphic communications, and as regards the transport
service.
* Signed also in the Portuguese language. Parliamentary Paper,
" Africa, No. 2 (1890-91)." See Treaty, llth June, 1891, p. 731.
728
No 149] GREAT BRITAIN AND PORTUGAL. [14 Nov., 1890.
[Navigation of the Zambeil, Shire, and Fung-wi.]
Recognition of Territorial Agreement of '20th August^ 1890.
IV. The Government of Her Majesty the Qneen of the
United Kingdom of Great Britain ami Ireland, and the
Government of His Most Faithful Majesty the King of
Portugal and the Algarves, engage to recognise the territorial
limits indicated in the Convention of the 20th August, 1890
(No. 148), in so far that from the date of the present Agree-
ment to the termination thereof neither Power will make
Treaties, accept Protectorates, or exercise any act of sovereignty
within the spheres of influence assigned to the other party by
the said Convention.
But neither Power will thereby be held to prejudge any
question whatever which may arise as to the said territorial
limits in the course of the ulterior negotiations.
V. The present Agreement shall come into operation from
the date of its signature, and shall remain in force for a
period of six months.
Done at London, the 14th day of November, 1890.
(L.S.) SALISBURY.
(L.S.) LUIZ DE SOYERAL.
On the 18th November, 1890, two Portuguese Decrees
were issued, from which the following extracts are given, one
granting the right cf transit for merchandise from Pungwe to
the sphere of British influence on payment of a 3 per cent.
ad valorem duty ; and the other granting free navigation of the
Zambesi and Shire to the vessels of all nations : —
(1.) Transit of Merchandise from Pnngwe tj the Sphere of British
Influence on Payment of a 3 per cent, ad valorem Duty,
"ART. 1. The transit, as provided in Article 70 of the
Decree of the 30th Jnly, 1877, of merchandise consigned, either
by land or by the waterways, to the foreign territories adjoin-
ing the Portuguese territory on the north or south, or to the
regions situated beyond the confluence of the Rivers Zambesi
and Shire, through the Custom-houses of the Province of
Mozambique, mentioned in Article 11 of that Decree, is hereby
729
18 NOV., 1890.] GREAT BRITAIN AND PORTUGAL. [No. 149
[Navigation of the Zambesi and Shire.]
allowed to be carried on under the same conditions between
the port of Beira (Pungwe Bay) and the sphere o£ British
influence.
•' ART. 2. Custom-houses or Customs stations will be estab-
lished at Beira and at any points on the internal frontier of the
Province of Mozambique where they may be required for the
purpose of carrying the preceding Article into effect; the
Governor- General of the Province will submit to the Govern-
ment the list of the Customs officials required in the said
Custom-houses.
" ART. 3. Any Laws in opposition thereto are hereby re-
voked."
(2.) Free Navigation of the Rivers Zambesi and Shire.*
ART. 1. The navigation of the Rivers Zambesi and Shire, in
so far as they are under the sovereignty, protectorate, or in-
fluence of Portugal, is free for the vessels of all nations, in
accordance with the principles which the Governments of
France and Great Britain agi^eed to establish on the Niger, in.
virtue of the General Act of the Conference of Berlin in 1885
(No. 17).
ART. 2. The Governor-General of the Province of Mozam-
bique will submit the necessary Regulations for the safety and
police supervision of the said navigation, which Regulations
must be drawn up in the sense of facilitating the passage of
merchant vessels.
ART. 3. Any Laws in opposition thereto are hereby revoked.
* Regulations respecting the navigation of the Zambesi and Shire were
published in the " Diavio " of 22nd June, 1892.
730
No. 150! <JKK\T m:i I \IN LSD PORTUGAL, llJune, 1891.
[Spheres of Influence. East and Central Africa.]
No. 150.— 77,' AM 7' I'/,,/,-.. - // /;.•/•., ,../. .!/,/;. ii/andlfis
J/"/V.s/// ///<• A'///// <//' I'm-/ ni/itt, ili'jiniii'i tlii'lr respective
/Y I njliKii'-' i,i Afri';i. , \ \th June, 1801.*
[/A July, 1891.]
1 1 1 i; MajeMv tin- it>ni CM <>i tlie 1'niifl Kingdom of Great
llritain and Ireland. Kinjiress of I ndia, &C., &C., &C., and His
,Mn-t Kaitliful Majesty the Kini,' of Portugal and Algarves,
with a view to settle definitively the boundaries of
tlu-ir respective spheres of influence in Africa, and being
animated with the desire to confirm the friendly relations
between the two Powers, have determined to conclude a Treaty
to this effect, aiul have named as their respective Plenipoten-
tiarii s, that is to say :
Her Majesty the Queen of the United Kingdon of Great
.Britain and Ireland, Empress of India, Sir George Glynn
IVtiv. K.C.M.G., C.B., Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary at the Court of His Most Faithful
Majesty, &C. ; Mini
His Most Faithful Majesty the King of Portugal and
Algarves, Joaquim Thomaz Lobo d'Avila, Count of Valbom,
Councillor of His Majesty and of State, Peer of the Realm,
Grand Cross of various Orders, &c., His Majesty's Minister and
Secretary of State for Foreign. Affairs, &c. ;
\Yho, having communicated to each other their respective
fall powers, found in good and due order, have agreed upon and
concluded the following Articles : —
Territories within Portuguese Dominions North of the Zambesi.
AKT. I. Great Britain agrees to recognize as within the
dominion of Portugal in East Africa the territories bounded —
* Tlio Draft of this Treaty was drawn up in London in the English
language only and initialled by the Marquis of Salisbury and M. de Soveral,
but it was signed at Lisbon, in the English and Portuguese languages, the
British Minister signing the English version, and the Portuguese Minister
for Foreign Affairs the Portuguese version. See also Agreement of May
and June, 1893, p. 743.
731
11 June, 1891.1 GREAT BRITAIN AND PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
1. To the north by a line which follows the course of the
River Rovuma from its mouth up to the confluence of the
River M'Sinje, and thence westerly along the parallel of lati-
tude of the confluence of these rivers to the shore of Lake
Nyassa.
2.* To the west by a line which, starting from the above-
mentioned frontier OH Lake Nyassa, follows the eastern shore
of the lake southwards as far as the parallel of latitude 13° 30'
south ; thence it runs in a south-easterly direction to the
eastern shore of Lake Chiuta, which it follows. Thence it runs
in a direct line to the eastern shore of Lake Chilwa or Shirwa,
which it follows to its south-easternmost point ; thence in a
direct line to the easternmost affluent of the River Ruo, and
thence follows that affluent, and, subsequently, the centre of
the channel of the Ruo to its confluence with the River
Shire.
From the confluence of the Ruo and Shire the boundary will
follow the centre of the channel of the latter river to a point
just below Chiwanga. Thence it runs due westward until it
reaches the watershed between the Zambesi and the Shire, and
follows the watershed between those rivers and afterwards
between the former river and Lake Nyassa until it reaches
parallel 14° of south latitude.
From thence it runs in a south-westerly direction to tho
point where south latitude 15° meets the River Aroangwa or
Loangwa, and follows the raid-channel of that river to its junc-
tion with the Zambesi.
Ttn-i/i'i-ies within Pnrtuyui'si- Sphere uf Influence South of the
Zambesi.
AIM:. II. f To the south of the Zambesi, the territories within
the Portuguese sphere of influence are bounded by a line which,
starting from a point opposite the mouth of the River Aroangwa
or Loangwa, runs directly southwards as far as the 16th parallel
of south latitude, follows that parallel to its intersection with
* See Agreement, May — June, 1893, Article I, p. 743.
t See ditto, Article III, p. 741.
732
NO. 150J '.REAT BRITAIN AM) PORTUGAL. [11 June, 1891.
[Spheres of Influence. East and Central Africa.]
the 31st degree of longitude east of Greenwich, thence running
eastward direct to the point where the River Mazoe is into -
srrtcd by the 33rd degree of longitude oast of Greenwich . it
follows that degree southward t<> its intersection by the 18° 30'
parallel of south latitude ; thence it follows the upper part of
the eastern slope of the Manica plateau southwards to the
centre of tin- main channtl of the Sabi, follows that channel to
its confluence with the Luntc. whence it strikes direct to the
north-eastern point of the frontier of tin- South African Re-
public, and follows the eastern frontier of the Republic, and the
frontier of Swaziland, to the River Maputo.
It is understood that in tracing the frontier along the slope
of the plateau, no territory west of longitude 32° 30' east of
Greenwich shall be comprised in the Portuguese sphere, and no
territory east of longitude 33° east of Greenwich shall be com-
prised in thi? British sphere.
Mutassa, British ; Massi-Kessi, Portuguese.
The line shall, however, if necessary, be deflected so as to
leave Mutassa in the British sphere, and Massi-Kessi in the
Portuguese sphere.
Portuguese Sphere of Influence South of Delagoa Bay.
ART. III. Great Britain engages not to make any objection
to the extension of the sphere of influence of Portugal, south of
Delagoa Bay, as far as a line following the parallel of the con-
fluence of the River Pongolo with the River Maputo to the sea-
coast.
Central Africa.
ART. IV.* It is agreed that the western line of division
separating the British from the Portuguese sphere of influence
in Central Africa shall follow the centre of the channel of the
Upper Zambesi, starting from the Katima Rapids up to the
poiut where it reaches the territory of the Barotse Kingdom.
• See Agreement, May— Juno, 1893, Art. 5, p. 744.
733
11 Juno, 1891.] GREAT BRITAIN AND PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
Barotse Kingdom within British Sphere.
That territory shall remain within the British sphere ; its
limits to the westward, which will constitute the boundary
between the British and Portuguese spheres of influence, being
decided by a Joint Anglo- Portuguese Commission, which shall
have power, in case of difference of opinion, to appoint an
Umpire.
RigJits of other States.
It is understood on both sides that nothing in this Article
shall affect the existing rights of any other State. Subject to
this reservation. Great Britain will not oppose the extension of
Portuguese administration outside of the limits of the Barotse
country.
North of the Zambesi. Territories within British Sphere. Lake
Nyassa, fyc.
ART. V. Portugal agrees to recognize, as within the sphere
of influence of Great Britain on the north of the Zambesi, the
territories extending from the line to be settled by the Joint
Commission mentioned in the preceding Article to Lake Nyassa,
including the islands in that lake south of parallel 11° 30' south
latitude, and to the territories reserved to Portugal by the line
described in Article I.
South of the Zambesi. Territories within British Sphere of
Influence.
ART. VI. Portugal agrees to recognize, as within the sphere
of influence of Great Britain to the south of the Zambesi, the
territories bounded on the east and north-east by the line de-
scribed in Article II.
Lines of Demarcation subject to Rectification.
ART. YII. All the lines of demarcation traced in Articles I
to VI shall be subject to rectification by agreement between the
two Powers, in accordance with local requirements.
734
No. 150 <;i;i:\i i;i;ii\i\ \\hi-oiMi.i\r.. HJune, 1891.
[Spheres of Influence. East and Central Africa.]
South <>f t/tf /tiinln'.fi. Mnliuil Hujhts of Pre-emption in event of
The two Powers agree that in (lie event of (.no <>f them pro-
posing iu p'U't with any of the territories to the south of the
/ami- v.ed by these Article.-, tu their re> \« <-i ; •, e -pheres
of inflneiief, the other sh;ill be /.cd n8 possessing a pre-
ferential right to the territories in question, or any portion of
them, upon terms similar to those proposed.
Non-acceptance of Sovereign Rights or Protectorates in respective
Spheres of Influence.
ART. VIII. The two Powers engage that neither will inter-
teiv with any sphere of influence assigned to the other by
Articles I to VI. One Power will not, in the sphere of the
other, make acquisitions, conclude Treaties, or accept sovereign
rights or Protectorates. It is understood that no Companies
nor individuals subject to one Power can exercise sovereign
rights in a sphere assigned to the other, except with the assent,
of the latter.
Commercial and Mineral Concessions. Real Property.
AI:T. IX. Commercial or mineral Concessions and rights to
veal property possessed by Companies or individuals belonging
to ( it her Power shall, if their validity is duly proved, be recog-
nized in the sphere of the other Power. For deciding on the
validity of mineral Concessions given by the legitimate
authority within 30 miles of either side of the frontier south of
the Zambesi, a Tribunal of Arbitration is to be named by
common agreement.
It is understood that such Concessions must be worked
according to local regulations and laws.
Missionaries, Religious Toleration, 8fc.
ART. X. In all territories in East and Central Africa belong-
ing to or under the influence of either Power, missionaries of
both countries shall have full protection. Religious toleration
and freedom for all forms of Divine worship and religious
teaching are guaranteed.
735
11 June, 1391.] GREAT BRITAIN AND PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
Transit of Goods and Transit Duty.
ART. XI. The transit of goods across Portuguese territories
situated between the East Coast and the British sphere shall
not, for a period of 25 years from the ratification of this Conven-
tion, be subjected to duties in excess of 3 per cent, for imports
or for exports. These dues shall in no case have a differential
character, and shall not exceed the customs dues levied on the
same goods in the above-mentioned territories.
Her Majesty's Government shall have the option, within
5 years from the date of the signature of this Agreement, to
claim freedom of transit for the remainder of the period of
25 years on payment of a sum capitalizing the annual duties
for that period at the rate of 30,OOOZ. a year.
Coin and Precious Metals.
Coin and precious metals of all descriptions shall be im-
ported and exported to and from the British sphere free of
transit duty.
Passage of S^lbjects across the Zambesi and Neighbouring Districts.
It is understood that there shall be freedom for the passage
of subjects and goods of both Powers across the Zambesi, and
through the districts adjoining the left bank of the river
situated above the confluence of the Shire, and those adjoining
the right bank of the Zambesi situated above the confluence of
the River Luenha (Ruenga), without hindrance of any descrip-
tion and without payment of transit dues.
Construction of Roads, Railways, Bridges, and Telegraph Lines.
It is further understood that in the above-named districts
each Power shall have tlie right, so far as may be reasonably
required for the purpose of communication between territories
under the influence of the same Power, to construct roads,
railways, bridges, and telegraph lines across the district re-
served to the other. The two Powers shall have the right of
acquiring in these districts on reasonable conditions the land
736
No. 150] GREAT BRITAIN AND PORTUGAL 11 June, 1891.
[Spheres of Influence. East and Central Africa.]
mvi-ssar\ for lOCh Objects, And >hall n.'<ei\e all .-ther n <|iii>ite
facilities. Portugal shall have the same riL'lii^ in I lie iJritiMt
territory on tlio bunks of the Shin' and in tin- Hriti.-Ji territory
comprised between the Port ii<j-iic-c territory ami the hanks of
Lake Nyassa. Any railway so constructed by one Power on
the territory of the .-(her shall be subject to local Regulation^
and Laws jigreed upon between the two (!ovei nnirnts, and, in
case of difl'erenei-s of opinion, subject to arbit nt tic. n as herein-
after mentioned.
Oonftruotion <>f JVo--; nn-l Landing Places on Rivers.
The two Powers shall also be allowed facilities for con-
structing on the rivers within the above districts piers and
landing places for the purpose of trade and navigation.
Submission of Difference* to Arbitration.
Differences of opinion between the two Governments as to
the execution of their respective obligations, incurred in accord-
ance with the provisions of the pi-eceding paragraph, shall be
referred to the arbitration of two experts, one of whom shall be
chosen on behalf of each Power. These experts shall select an
Umpire, whose decision, in case of difference between the
Arbitrators, shall be final. If the two experts cannot agree
upon the choice of an Umpire, this Umpire shall be selected by
a neutral Power to be named by the two Governments.
All materials for the construction of roads, railway-,
bridges, and telegraph lines shall be admitted free of charge.
Free Navigation of Zambesi and Shire.
ART. XII. The navigation of the Zambesi and Shire, with-
out excepting any of their branches and outlets, shall be en-
tirely free for the ships of all nations.
Transit over Waterways of the Zambesi, Shire, Pnngio', Httsi, •
Limpopo, Sabi, fyc.
The Portuguese Government engages to permit and to
facilitate transit for all persons and goods of every description
737
11 June, 1891-] GREAT BRITAIN AND PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
over the waterways of the Zambesi, the Shire, the Pungwe, the
Busi, the Limpopo, the Sabi, and their tributaries.
Transit over Landicays.
And also over the landways which, supply means of commu-
nication where these rivers are not navigable.
Navigation of Zambesi. National Treatment. Coasting Trade.
ART. XIII. Merchant- ships of the two Powers shall in the
Zambesi, its branches and outlets, have equal freedom of navi-
gation, whether with cargo or ballast, for the transportation of
goods and passengers. In the exercise of this navigation the
subjects and tlags of both Powers shall be treated, in all cir-
cumstances, on a footing of perfect equality, not only for the
direct navigation from the open sea to the inland ports of the
Zambesi, and vice versa, but for the great and small coasting
trade, and for boat trade on the course of the river. Conse-
quently, on all the course and mouths of the Zambesi there
will be no differential treatment of the subjects of the two
Powers ;
No Exclusive Privileges to be granted.
And no exclusive privilege of navigation will be conceded by
either to Companies, Corporations, or private persons.
No Restrictions to be imposed.
The navigation of the Zambesi shall not be subject to any
restriction or obligation based merely on the fact of naviga-
tion.
Depots, fyc.
It shall not be exposed to any obligation in regaled to land,
ing-station or depot, or for breaking bulk, or for compulsory
entry into port.
No Transit Dues to be levied.
In all the extent of the Zambesi the ships and goods in
738
No.150 GRi:\ i 1:1:11 u\ \ \i> i <> ; 1 1 .; \i . llJane, 1891.
[Spheres of Influence. Bast and Central Africa.]
-s df transit mi the river .shall In- siihinii ted to no t:
dues, whatever their starling-place or delimit
Nor Maritime or River Tull.
No maritime or river toll shall be levied based on the sole
fact of navigation ;
.V.i/- 'l\i r <>n 'looiJii.
Nor tax on goods on hoard of ships.
Taxes or Duties necessary to Navigation alone to be levied.
There shall only be collected taxes or duties which shall be
an equivalent for services rendered to navigation itself. The
tariff of these t.ixes or duties shall not warrant any differential
treatment.
Affluents of the Zambesi.
The affluents of the Zambesi shall be in all respects subject
to the same rules as the river of which they are tributaries.
The roads, paths, railways, or lateral canals which may be
constructed with the special object of correcting the imperfec-
tions of the river route on certain sections of the course of the
Zambesi, its affluents, branches, and outlets, shall be con-
sidered, in their quality of means of communication, as depend-
encies of this river, and as equally open to the traffic of both
Powers. And, as on the river itself, so there shall be collected
on these roads, railways, and canals only tolls calculated on the
cost of construction, maintenance, and management, and on the
profits due to the promoters. As regards the tariff of these
tolls, strangers and the natives of the respective territories
shall be treated on a footing of perfect equality.
Waters of the Zambesi, 8fC.t under Portuguese influence,
Portugal undertakes to apply the principles of freedom of
navigation enunciated in this Article on so much of the waters
of the Zambesi, its affluents, branches, and outlets, as are or
may be under her sovereignty, protection, or influence. The
739
11 June, 1891.] GREAT BRITAIN AXD PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
rales which she may establish for the safety and control of
navigation shall be drawn np in a way to facilitate, as far as
possible, the circulation of merchant-ships.
Waters of the Zambesi, &-c., under British influence.
Great Britain accepts, under the same reservations, and in
identical terms, the obligations undertaken in the preceding
Articles in respect of so much of the waters of the Zambesi, its
affluents, branches, and outlets, as are or may be under her
sovereignty, protection, or influence.
Disputes to be referred to a Joint Commission or to Arbitration.
Any questions arising out of the provisions of this Article
shall be referred to a Joint Commission, and, in case of disagree-
ment, to arbitration.
Above System may be altered by 'mutual consent.
Another system for the administration and control of the
Zambesi may be substituted for the above arrangements bj
common consent of the Riverain Powers.
Freedom of passage between Brit-ink Sphere of Influence and
J' mi give Bay.
ART. XIV. In the interests of both Powers, Portugal agrees
to grant absolute freedom of passage between the British sphere
of influence and Pungwe Bay for all merchandize of every
description, and to give the necessary facilities for the im-
provement of the means of communication.
Portuguese Government to construct Railway between Pungwt'
and British, Sphere.
The Portuguese Government agrees to construct a railway
between Pungwe and the British sphere. The survey of this
line shall be completed within six months, and the two Govern-
ments shall agree as to the time within which the railway shall
740
No. 150] GREAT BRITAIN AND PORTUGAL. [11 June, 1801,
[Spheres of Influence. East and Central Africa.]
bo commenced and completed. If an agreement is not arrived
at, the Portuguese Government will give the construction of
the railway to a Company which shall bo designated by a
neutral Power, to bo selected by the two Governments, as being
in its judgment competent to undertake the work immediately.
The said Company shall have all requisite facilities for the
acquisition of laud, cutting timber, and free importation and
supply of materials and labour.
Portuguese Government to construct Road from Pungwe to
British Sphere.
The Portuguese Government shall either itself construct or
stall procure the construction of a road from the highest navi-
gable point of the Pungwe, or other river which may be agreed
upon as more suitable for traffic, to the British sphere ;
Landing-places in Pungwe Bay.
And shall construct or procure the construction in Pungwe Bay
and on the river of the necessary landing-places.
No Transit Dues to be levied.
It is understood that no dues shall be levied on goods in
transit by the river, the road, or the railway exceeding the
maximum of 3 per cent, under the conditions stipulated in
Article XI.
Telegraphic Communication.
ART. XV. Great Britain and Portugal engage to facilitate
telegraphic communication in their respective spheres.
The stipulations contained in Article XIV, as regards the
construction of a railway from Pungwe Bay to the interior,
shall be applicable in all respects to the construction of a tele-
graph line for communication between the coast and the
British sphere south of the Zambesi. Questions as to the
points of departure and termination of the line, and as to other
details, if not arranged by common consent, shall be submitted
741 3 F
11 June, 1891,] GREAT BRITAIN AND PORTUGAL. [No. 150
[Spheres of Influence. East and Central Africa.]
to the arbitration of experts under the conditions prescribed in
Article XI.
Portugal engages to maintain telegraphic service between
the coast and the River Ruo, which service shall be open to the
nse of the subjects of the two Powers without any differential
treatment.
Great Britain and Portugal engage to give every facility
for the connection of telegraphic lines constructed in their
respective spheres.
Details in respect to such connection, and in respect to
questions relating to the settlement of through-tariffs and
other charges, shall, if not settled by common consent, be re-
ferred to the arbitration of experts under the conditions pre-
scribed in Article XI.
Convention to be Ratified.
ART. XVI. The present Convention shall be ratified, and
the ratifications shall be exchanged at Lisbon or London as soon
as possible.*
In witness whereof the respective Plenipotentiaries have
signed the present Convention, and have affixed thereto the seal
of their arms.
Done in duplicate at Lisbon, the llth day of June, in the
year of Our Lord 1891.
(L.S.) GEORGE G. PETRB.
(L.S.) CONDE DE VALBOM.
* Ratifications exchanged at London, 3rd July, 1891.
742
No. 151J OUEAT HIUTAIX AND PORTUaAL. | May June, 1893.
[Spheres of Influence North of the Zambesi.]
No. 1SL— AGREEMENT • • Hreai Britain and
ct«>n/ n'luticc to tfj>/<-,-'* »j I iwrth of the Zambezi.
/—June, 1893.
(1.) The Earl of Eosebery to M. de Soveral.
.\l. 1 1' .Ministiv, Foreign Office, 31st May, 1893.
IN compliance with the desire of the Portuguese Govern-
ment that a formal exchange of notes should take place record-
ing the understanding come to between the two Governments
in the early part of 1892 for a modus vivendi pending the deli-
mitation of the boundaries of the British and Portuguese spheres
of influence north of the Zambesi, under the Treaty of the llth
June, 1891 (No. 150), 1 have the honour to submit the follow-
ing draft of Articles, which Her Majesty's Government trust
will be found to meet the purpose : —
Natural Lines of Demarcation.
" ART. I. Pending actual delimitation, all natural lines of
demarcation specified in sub-head 2, Article I, of the Anglo-
Portuguese Treaty of the llth June, 1891 (No. 150), shall be
considered for all purposes as constituting the boundaries
between the British and Portuguese spheres of influence in all
localities in which there can be no doubt as to their coinciding
with the line described in the above-mentioned sub-head.
" The natural lines of demarcation above referred to are as
f'o Hows : —
" The eastern shore of Lake Chinta.
" The eastern shore of Lake Chilwa, or Shirwa.
" The easternmost affluent of the River Ruo.
" The River Ruo below the confluence of its easternmost
affluent to its junction with the River Shire.
" The River Shire between the point where the River Ruo
Hows into it and a point situated just below Chiwauga.
u The watershed between Lake Nyassa and the River Zam-
best south of latitude 14° south.
743 3 F 2
May— June, 1893.] GREAT BRITAIN AND PORTUGAL. [No. 151
[Spheres of Influence North of the Zambesi.]
" The River Aroangwa, or Loangwa, south of latitude 15°
south to its junction with the River Zambesi.
"ART. II. Pending the exact determination of the point
where latitude 13° 30' south cuts the eastern shore of Lake
Nyassa, Padimba, and Makanjira, and the shore south of those
places, shall be recognized as being within the British sphere of
influence ; and similarly the eastern shore of the lake north of
the River Lomazi, and as far as the point where it is inter-
sected by the line described in sub-head 1, Article I, of the
Treaty of the llth of June, 1891 (No. 150), shall be recognized
as being within the Portuguese sphere of influence.
River Shire. Point just lelow Chiivanga.
" ART. III. Pending a definite agreement, the post erected as
a boundary beacon by Mr. Johnston on the right bank of the
River Shire shall be intersected provisionally as the 'point
just below Chiwanga,' mentioned in Article I of the Anglo-
Portuguese Convention (No. 150) ; and a line traced by the
Portuguese authorities from that point due west to the watershed
between the Shire and the Zambesi shall be similarly accepted as
a temporary boundary between the British and Portuguese
spheres of influence.
Islands of Lake Nyassa.
" ART. IV. The Islands of Chisamulu and Lukomo, or
Dikomo, and all other Islands of Lake Nyassa further to the
south, shall be recognized as being within the British sphere of
influence.
Central Africa.
"ART. V. Pending the delimitation of a boundary line as
laid down in Article IV of the Treaty of the llth June, 1891,
(No. 150), the line formed by the course of the Zambesi from the
cataracts at Katima up to its confluence with the Cabompo River,
and thence by the course of the Cabompo, shall be the provisional
boundary between the respective spheres of influence in that
region, and the provisions of Article VIII of the Treaty above
referred to shall be applicable to the territories separated by the
744
No. 151] GREAT BRITAIN AND PORTUGAL. [May-June, 1893.
[Spheres of Influence North of the Zambesi.]
said provisional boundary until a definitive boundary shall have
been substituted in its stead.
Course to be pursued where Boundary Line is Doubtful.
" ART. VI. Wherever, previous to delimitation, tho actual
course of the boundary line described in sub-head 2, Article I, of
the Anglo-Portuguese Treaty (No. 150) appears to be doubtful,
neither the Government of Great Britain nor that of Portugal
shall make acquisitions, conclude Treaties, or accept sovereign
rights in territories which after delimitation are likely to bo
proved to be within the sphere of influence of the other ; and
either of them will recognize, nor lead to suppose that the other
will recognize, any rights of whatever nature which the subjects
of the one may claim to have acquired in such territories subse-
quently to the llth June, 1891 (No. 150), either by means of
Treaties with the natives, or any other title.
Mutual Abrogation of Concessions. Demarcation of Boundary
in Sections.
" ART. VII. As soon as the definitive demarcation of the
boundary, or of any section of it, is completed, there shall cease,
in territories which, in virtue of such demarcation, become
subject to the sovereignty, protection, or influence of one of the
two Powers, all acts of jurisdiction or government by the
officials, and all occupations by the military or police forces of
the other Power or its Concessionnaires ; and there shall lapse,
ipso facto, all Concessions which the latter may have made to
individuals, and all rights to property, usufruct, or exploration
which its subjects or dependents may claim to have acquired in
those territories subsequently to the llth June, 1891 (No. 150).
Occupations, Concessions, 8fc., since llth June, 1891.
" ART. VIII. Acts of occupation or jurisdiction performed by
the officials or Concessionnaires of one of the two Powers subse-
quently to the llth June, 1891 (No. 150), and Concessions or
proprietary rights of whatever nature which the subjects or
dependants of that Power may claim to have acquired since that
date in territory which, after demarcation, proves to be within
745
May- June, 1893.] GREAT BRITAIN AND PORTUGAL. [No 151
[Spheres of Influence North of the Zambesi.]
the sphere of influence of the other, shall in no case be used as
n, motive for demanding the rectification of the boundary under
the provisions of Article VII of the Anglo- Portuguese Treaty
(No. 150).
Rights of Occupation, Passage, or Jurisdiction.
" ART. IX. In all questions between the military or police
forces of the two Powers as to rights of occupation, passage, or
jurisdiction, which may arise in consequence of the demarca-
tion of the boundarv being incomplete, the local officials of the
two Powers shall try to come to an understanding, failing
which the matter in dispute shall be referred for the decision
of such persons as may be appointed for the purposes of this
Article, and by them, if necessary, to their respective Govern-
ments.
No Coercivs Measures to le adopted.
" It shall be clearly understood that, pending such decision,
no coercive measures whatsoever shall be adopted, and that
should force be used, notwithstanding the provisions of this
Article, by the military or police forces of either of the Powers,
the Government of the other shall be entitled to demand
redress.
Nyasaland, Loangwa, atid Harotze Territories. Modus Vivendi
accepted ivithout Prejudice
" Ar.T. X. Neither in the Nyasaland, nor in the Loangwa,
nor in the Barotze territories shall the modus vivendi be held as
prejudging in any way the ultimate territorial rights of Great
Britain or of Portugal.
IJuraiion of Modus Vivendi till 1st July, 1896.
" AKT. XI. The modus vivendi, shall continue in force till the
1st July, 1896. After that date, it may be denounced by either
Government with three months' notice, the work of delimitation
to begin before the expiration of the three months.
" Tho modus vivendi shall not interfere vith, or be vitiated
746
No. 151] OH K AT i: in i \ I .v AND PORTUGAL. [May-June, 1893.
[Spheres of Influence North of the Zambesi.]
ny delimitation which it may bo found possible, during its
continuance, to carry out of any portion or portions of thr
frontier-line."
I should rsuviii it a favour if you would notify to mo the
consent of your Government to these Articles, if accepted by
tlu-Mi, and on the receipt of a communication to that effect,
Hi i Majesty's Government will consider the said exchange of
notes as nn agreement between the two Governments.
I have, &c.,
ROSEBERY.
(2.) M. do Soveral to the Earl of Rosebery.
(Translation.)
My Lord, London, 5th June, 1893.
I v reply to the note which your Excellency was good enough
< Idress to me on the 31st ultimo, I have the honour to
inform you that the King's Government authorizes me to
accept the terms of the modus vivendi as contained in the said
note.
I have, &c.,
LUIZ DE SOVERAL.
GREAT BRITAIN AND SOUTH
AFRICAN REPUBLIC
(TRANSVAAL).
(Sin SOUTH AFRICAN REPUBLIC.)
AND
GREAT BRITAIN AND ZANZIBAR.
LIST OF TREATIES, <feo.
No.
152 30 Apr., 1886.
153 3-4 Dec., 1886.
Treaty
Agreement . . . ,
— 4 Dec., 1886. Adhesion.
154 81 Aug., 1889. Agreement ....
155 14 June, 1890.
156 4 NOT., 1890.
— 19 Nov., 1890.
Provl. Agreement
Notification
Notification. • . , .
157 2 Feb., 1891. Declaration
— 8 Feb., 1892. Notice
— 22 June, 1892. Notice
158 16 Deo., 1892. Declaration
Pago
Exterritoriality. Consular Juris-
diction, &c 751
Limits of Sultan's dominions,
Islands of Zanzibar, Pcmba,
Lamu, Mafia, Kau, Kismaju,
Brava, Mcurka, Magadisho, War-
sheikh, Dar-es-Salaam, Pangani.
Kilimanjaro District, Witu, &c.,
British and German spheres. . . . 754
Sultan of Zanzibar to Anglo-German
Agreement of Oct.-Nov., 1886
(see Great Britain and Ger-
many).
Lease (for 5 years) of Sultan's
Posseisions to British East Africa
Company, Kipini to Mruti (ex-
cept Witu, Lamu, Manda, Patta,
Kiwhyu, Kismayu, Brava,
Meurka, Magadisho, & Warsheikh 760
British Protectorate over Zanzibar
Dominions, Succession, &c 763
British Protectorate over Zanzibar
Dominions (with exceptions) . . . 766
British Protectorate over Witu,
Patta, Manda, &c. (see Great
Britain, Africa (East Coast).
Exercise of Judicial Powers in
Zanzibar by other than Consular
Officers 767
Free Port of Zanzibar. (Appendix.)
Free Trade Do. "Brussels Act."
(Appendix.)*
Consular Jurisdiction 768
[For Declarations between Great Britain and France of 10th March, 1862, and
6th August, 1890, respecting the Independence of Zanzibar, see Great Britain and
France, pp. 547, 570. For Accession of Germany thereto of 29th October, 1886,
•oe p. 615.
749
GREAT BRITAIN AND ZANZIBAR.
[Orders in Council.]
No.
159
17 July, 1893. Order in Council. ,
Page
160 31 July, 1893. Proclamation.
Natives of British Protectorates
outside Zanzibar to be deemed
British-Protected Persons when
within Zanzibar. British Juris-
diction over Zanzibar Subjects ;
Enforcement of Treaties, &c., to
which Great Britain is a Party,
whether the Sultan of Zanzibar
be or be not a Party thereto. . . .
Administration of British Protec-
torate north of the Tana dele-
gated to Sultan of Zanzibar ....
769
770
LIST OF ORDERS IN COUNCIL, ETC., RELATING TO BRITISH CONSULAR
JURISDICTION, ETC., IN ZANZIBAR, 1866 — 1892.
Hertslet's
Treaties.
Vol. Page.
'.) Aug., 1866. British Consular Jurisdiction (Repealed, subject
to certain exceptions, by Order of 29 Nov., 1884) xii. 973
32 & 33 Viet, c.
75, 1869 .... Act of Parliament. Consular Jurisdiction. Slave
Trade Vessels xiii. 1016
5 June, 1873. Treaty. Slave Trade xiv. 093
„ 1873. Declaration. Treaty, 1873. Vessels carrying
Slaves , xv. 492
10 March, 1881. Declaration. Moaning of Words "Consul" and.
"Agent" in Treaty of March, 1839 xv. 494
1 April, 1881. Order in Council. British Consular Jurisdiction xv. 494
27 Feb., 1882. Order in Council. Application of Indian Penal
Code to British Subjects. xvii. 495
29 Nov., 1884. Order in Council. British Consular Jurisdiction xvii. 1093
!7^Dec., 1888. Order in Council. War between Zanzibar and
Insurgent and other African Tribes. Naval
Prize Act, 1864 xviii. 1195
17 Dec., 1888. Order in Council. Government of British Subjects
and British Protected Persons xviii. 1197
2 March, 1889. Order in Council. Bight to prohibit British
Subjects or British Protected Persons from
being in Zanzibar, and to make Order of De-
portation xviii. 1199
5 March, 1890. Order in Council. Indian Contract and Limita-
tion Acts xviii. 1201
1 Aug., 18CO. Decree. Sultan of Zanzibar against Slavery and
the Slave Trade xviii. 1202
16 March, 1892. Order in Council. Performance of Judicial
Powers by other than Consular Officer. Ap-
pointment of Judges " Lon. Gaz.,"
18 Mar., 1892.
750
No. 152 J GREAT BRITAIN AND ZAX/1BAH. [30 April, 1866.
[Consular Jurisdiction, &c.]
No. 152.— TliKATY &••/ "t J!i-il"i,t .ind Z«n.
rdotini/ (<> Ci'itxit.!»i- • ' ' . ^i'jiii'd at
30//< Jyv<7, 1886.*
A cr. I. — Peaca and
ART. II. — Commerce, Shipping, Trade, yc. Most-favoured-
nation Treatment.
AKT. III. — Appointment of Consular Officers. Protection, yc.
Most-favoured-nation Treatment.
AKT. IV. — Commerce and Navigation. Access to Ports. Rijll
to travel, reside and trade in respective Dominions. Prohiii-
tion^against Monopolies.
ART. V. — Acquisition of, and succession to Property, Wills, yc.
ART. VI. — Regulations. Customs, and other Dues in Zanzi-
!i:ir.
AKT. VII. — 5 per cent. Duty to be levied on Imports. Duty
on Spirituous Liquors. Exemption of certain goods, yc., from
Payment of Duty.
ART. VIII. — Special Duty may be levied on certain articles
exported from Zanzibar.
ART. IX. — Special Duty to be levied in lieu of Monopoly Rights.
Monopoly Taxes abolished.
ART. X. — Shipping, Harbour, and Tonnage Dues.
ART. XI. — Payment of Duties in cash or in kind.
ART. XII. — Movement of Goods in Transit. Erection of
Customs House at Zanzibar.
ART. XIII. — Vessels in Distress. Shipwrecked Vessels.
ART. XIV. — Arrest and Surrender of Deserters from Ships of
War and Merchant Vessels.
ART. XV. — Punishment for False Declaration as to Goods.
British Rights of Exterritoriality in Zanzibar. Civil and Criminal
Jurisdiction.
ART. XVI. f Subjects of Her Britannic Majesty shall, as
regards their person and property, enjoy within the dominions
* H. T., ivii, p. lilt; S. P., vol. Ixxvii, pp. 54, G3.
t See Declarations, 2nd February, 181)1, and 16th December, 1892,
pp. 767, 768 ; and List of Orders in Council, 1866—1893, p. 750.
751
30 April, 1888.] GREAT BRITAIN AND ZANZIBAR. [No. 152
[Consular Jurisdiction, &c.]
of His Highness the Sultan of Zanzibar the rights of exter-
ritoriality.
The authorities of His Highness the Sultan have no right
to interfere in disputes between subjects of Her Britannic
Majesty amongst themselves, or between them and members of
other Christian nations, such questions, whether of a civil or
criminal nature, shall -be decided by the competent Consular
authorities. The trial and also the punishment of all offences
and crimes of which British subjects may be accused within the
dominions of His Highness the Sultan, also the hearing and
settlement of all civil questions, claims, or disputes in which
they are the defendants is expressly reserved to the British Con-
sular authorities and Courts, and removed from the jurisdiction
of His Highness the Sultan.
Should disputes arise between a subject of His Highness
the Sultan, or other non-Christian Power not represented by
Consuls at Zanzibar, and a subject of Her Britannic Majesty,
in which the British subject is the plaintiff or the complainant,
the matter shall be brought before and decided by the highest
authority of the Sultan, or some person specially delegated by
him for this purpose. The proceedings and final decision in
such a case shall not, however, be considered legal unless notice
has been given and an opportunity afforded for the British
Consul or his substitute to attend at the hearing and final
decision
British Protected Persons.*
ART. XVII. Subjects of His Highness the Sultan or any
non-Christian nation not represented by Consuls at Zanzibar,
who are in the regular service of British subjects, within the
dominions of His Highness the Sultan of Zanzibar, shall enjoy
the same protection as British subjects themselves, Should
they be charged with having committed a crime or serious
offence punishable by law, they shall, on sufficient evidence
being shown to justify farther proceedings, be handed over by
their British employers or by order of the British Consuls to the
authorities of His Highness the Sultan for trial and punishment.
* See also Order in Council, 17th July, 1893, p. 769.
752
No. 152 OHI\! I.KIMIN \M»X \Nxiimt. 30 April, 1886.
[Consular Jurisdiction, Ac.]
\ : . XVIII.— Bankrupts.
AIM. XIX. — Recovery of Debts.
ART. XX. — Intestate Property. Int> rf>rcnce of British Consul.
AKT. XXI. — Inviolability of I'wellings of British Subjects and
others.
AIM. XXII. — Local Taxation in districts or towns.
ART. XXIII. — Jti'liijiniif! Liberty. Protection of Missionaries,
Scientist.--, and Explore/:-;.
AKT. XXIV. — Application of Treaty to certain British
Colonies.
ART. XXV. — Signature of Treaty in duplicate. Date of Com-
mencement.
ART. XXVI. Duration of Treaty. For 15 years, from 7th.
Amjutt, Issc. Mny then le revised.
ART. XXVII. — Ratifications.
[TARIFF.]
Explanatory Note. Import Duties.
Produce of Estates held by British Subjects.
753 3 o
3 Dec., 1886.] GREAT BRITAIN AND ZANZIBAR. [No. 153
[Limits of Sultan's Dominions. Islands of Zanzibar, Pemba, Lamu,
and Mafia, &c.]
No. 153.— AGREEMENT letwcen Great Britain an<l Zan-
zibar, defining the limits of the Sultan's Dominions ; Sjrfieres
°f Influence of Great Britain and Germany, &c. Za,i-
xibar, ~£ December, 1886.
(1) Acting British Consul- General Holmivood to the Sid tan of
Zanzibar.
Extent of Territory belonging to Sultan of Zanzibar.
Sir, Zanzibar, December, 3, 1886.
I am instructed by Her Majesty's Government to communi-
cate to your Highness the particulars of an Agreement which
has been entered into between the Governments of Great
Britain and Germany* for the purpose of delimitating the
extent of the territory which they are prepared to recognize as
under your Highness' sovereignty, and of defining on a mutual
understanding the general basis upon which thay may best
extend their influence for the development of commerce and
^civilization in the interior of Eastern Tropical Africa.
Islands of Zanzibar, Pemba, Lamu, and Mafia. .
1. Great Britain and Germany recognize the sovereignty of
your Highness over the Islands of Zanzibar and Pemba, and
the smaller islands within a radius of 12 nautical miles round
those two islands, as well as over the Islands of Lamu and
Mafia.
Zanzibar Limits on Mainland.
On the mainland they recognize a continuous line of coast
from the Minengani River at the head of Tungi Bay to Kipini ;
the line commencing on the south at the mouth of the Minen-
* See Proems-Verbal between Delegates of Great Britain, France, and
-Germany, of 9tli June, 1886 (Great Britain and Germany, p. 605 ; Agree-
ment between Great Britain and Germany, of "lst KOV ' 1886, p. 615) ;
and Declaration of Adhesion of Sultan of Zanzibar to Anglo-German Agree-
ment of October — November, 1886. of 4-tli December, 1886, p. 622.
754
No. 153 <:KK\T I'.KH \i\ \M> /AN/IUVK. 3 Dec., 1886.
[Limits of Sultan's Dominions. Kau, Kismayu, Brava, Me-urka,
Mag-adisho, and Washeikh, Dar-es- Salaam, Pang-ani, &c.]
:.rani Kivcr, follows lliat river for •> nuuticiil miles, and con-
timu'S thence On the line of latitude to tlie ]mi:,t v> In-re thai
line strikes the right kink oi' the Kovuma l: -r the,
Uovuma ami running down its left hank. The line ha.> tlnnce
an internal depth of 10 nautical miles from the coast, measured
direct info the interior from high-water mark.
i\ '<//', Hi-'iiC't, M> /ir/:<i, MiKjiKlix/iti, and \\'iisheik.*
The northern limit includes Kau. To t ho north of Kipini
they reco^ni/.e the stations of Kismayu, Brawa, Meurka, and
. ith radii of 10 nautical miles, and of Wusheik,
with a radius of ^ nautical miles.
Proposed Lease of Customs at Dar-es- Salaam and Pan gain to the
German African Company.
2. Great Britain supports the wish of Germany that your
Highness should lease to the German African Company the
Customs duties at the ports of Dar-es-Salaam and Pangani in
return for an annual payment by the Company, calculated on a
percentage of the revenue collected, on a sliding scale.f
Spheres of Influence of Great Britain and Germany.
3. The two Powers agree to a delimitation of their respec-
tive spheres of influence on this portion of the East Coast of
Africa as follows : —
Eovuma River to Tana River on Coast, and Limits Inland.
The territory to which the Arrangement applies is bounded
on the south by the Rovuma River, and on the north by a line
drawn from the mouth of the Tana River, following that river
or its affluents to the point of intersection of the Equator and
the 38th degree of east longitude, thence striking diagonally to
the point of intersection of the 1st degree of north latitude
with the 37th degree of east longitude, where it terminates.
* On the 3rd August, 1889, an Agreement was signed between Italy
and the British East Africa Company, providing for the eventual concession
of these Districts to the Company, to be administered by them in the
Sultan's name (see British East Africa Company and Italy, p. 137). See also
Deed of Transfer, 18th November, 1889, p. 142.
t Agreed to by Sultan of Zanzibar, 4th December, 1886, § 2. Seo p. 75&
755 3 G 2
3 Dec., 1886.] GREAT BRITAIN AND ZANZIBAR. [No. 153
[Limits of Sultan's Dominions. Kilimanjaro District, Witu, &c.]
Wanga or Umbe River to Lake Victoria Nyanza.
The line of demarcation starts from the mouth of the River
Wanga, or Umbe, runs direct to lake Jipe, passes along the
eastern side and round the northern side of the lake, and
crosses the Lumi River, after which it passes midway between.
the territories of Taveita and Chagga, skirts the northern base
of the Kilimanjaro range, and thence is drawn diagonally to-
the point on the eastern side of Lake Victoria Nyanza where
the 1st degree of south latitude strikes the lake.
The sphere of action of Great Britain lies to the north of
this line of demarcation, and that of Germany to the south.
No Acquisition of Territory to be made by Sultan of Zanzibar
within British Sphere of Influence.
Her Majesty's Government request that your Highness
will acknowledge it as an obligatioti to respect the territories
which have been by the foregoing Agreement reserved to
British interests, and that your Highness will make no acqui-
sitions in this region unless with the approval of Her Majesty's
Government.
Proposed Withdrawal of Zanzibar Claim to Sovereignty in Kili-
manjaro District.
4. Great Britain supports the wish of Germany that your
Highness should withdraw, by means of an official declaration,
your claims to sovereignty in the Kilimanjaro district, which
your Highness has never exercised, and should make the fact
known in writing to the Chiefs of that district.*
Coast-line of
5. The two Powers recognize the coast-iine of Witu as-
commencing to the north of Kipini, and continuing to the
northern extremity of Man da Bay.
* See Sultan's Reply, 4tli December, 1886, § 5, p. 759. See also Agree-
ment, Great Britain and Germany, 25th July, 1893, respecting Kilimanjaro
District, p. 65G.
t Witu was placed under British Protection, 19th November, 1890, See
Great Britain, Africa (East Coast), p. 327.
750
No. 153] «.i;r. \i I:I;II\IN AND /AN/I IIAI:. ["4 Dec., 1886.
(Limits of Sultan's Dominions. Zanzibar, Pemba, Larnu, Mafia.
Islands of Kau, Ac.]
Her Majesty's Government trust tli;it your Highness will
•ui/.e the frifiidly spirit in which this Agreement lui
arrived at. ami that by u ready adhesion to its terms, your
Highness will assist in 1. ringing about the satisfactory solution
of questions which cannot otherwise fail to jeopardise the
interests of the Sultanate.
I have, <tc.,.
FBEDC. HOLMWOOD.
i J. ) Tin' Sultan of Zanzibar !<> Acting Consul- General Holmwood.
(Translation.)
(After compliments.) 4th December, 1886.
WE have received your letter dated the 3rd December, and
at the same time we received a letter from the Consul-General
of the German Government, and we have understood them
both as follows : —
Islands of Zanzibar, Pemba, Lamu, Mafia.
1. Great Britain and Germany have agreed to recognize our
Sultanate over the Islands of Zanzibar, Pemba, Lama, Mafia,
and all the islands on the coast.
Zanzibar limits on Mainland.
They recognize our Sultanate over a continuous line of coast
from the River Minengani, at the head of Tungi Bay, on the
south, up to Kipini on the north; and the said line commences
from the mouth of the Minengani River, and follows the said
river for five nautical miles, thence following the line of
latitude till the said line strikes the right side of the Rovuma
River, and crossing the said river, runs down its left bank,
from thence the line follows the coast with a breadth inland of
10 nautical miles from high- water mark.
Kau.
And the limit to the north includes Kau.
757
4 Dec., 1886.] GREAT BRITAIN AND ZANZIBAR, [No. 153
[Limits of Sultan's Dominions. Kismayu, Brava, Meurka, EEagradisho,
and "VVasheikh, Dar-es-Salaam, Pangani, &c.]
Kismayv,* Brava, Meurka, Magadisho, and Washeik.
To the north of Kipini the Governments recognize as
belonging to us the places Kismayu, Brava, Meurka, and
Magadisho, with a radius of 10 miles each, and Washeik, with
a radius of five miles. f .
Proposed Lease of Customs at Dar-es-Salaam and Pangani to the
German African Company.
2. We agree to accept the demand of Germany to lease to
the German African Company the Customs of Dar-es-Salaarn
and Pangani, the Company having to pay annually a rent
calculated on a percentage of the revenue collected, on a sliding
scale, as will be afterwards agreed.
Delimitation of British and German Spheres of Influence.
3. The Governments have agreed to deliminate the follow-
ing countries, viz.,
Rovuma River to Tana River on Coast, and Limits Inland.
The whole territory bounded on the south by the Rovuma
River, and on the north by a line commencing from the Tana
River, following the said river or its affluents up to the point
where the equator meets the 38th degree of east longitude,
whence it goes diagonally to the point where the 1st degree of
north latitude cuts the 37th degree east longitude, where it
ends.
* See Agreement between British East Africa Company and Italy, of
3rd August, 1889, for the joint occupation of Kismayu (§ 3), p. 138. See
also Deed of Transfer, 18th November, 1889, p. 142, and Declaration of British
Protectorate over Zanzibar dominions, excepting the territory lying to the
south of River Urnba, Mafia Island, and the Districts of Brava, Meurka,.
Magadisho, and Warsheik, 4th November, 1890, p. 766.
f On the 3rd August, 1889, an Agreement was signed between Italy and
the British East Africa Company, providing for the eventual concession
of these Districts to the Company, to be administered by them in the-
Sultan's name. (See British East Africa Company and Italy, p. 137. See-
also Deed of Transfer, 18th November, 1889, p. 142.)
758
No. 153 OB i i \i\ AN!) /'..\/ii!\i!. 4Dec.,188ff.
[Limits of Sultan's Dominions. Kilimanjaro District, Witu, Ac.]
Waitga or Uinl»' /i/V- /• t« I.
This territory is divided between th • r..\v.-rs of Great
Hritain and (lerruany, by a lino drawn fn>m the mouth
of the I!i\er Wanga or Umbe direct to L;ikc: Jipr, JK.
nhni' :'.iunil its northern shore it crosses the
Ui\cr Lumi, an<l passes midway between Taveita and Chagga,
mid round the north side of Kilimanjaro Mountains, and thence
runs diagonally to the east shore of Lake Victoria Nyanza, to*
the plaee where the 1st degree south latitude strikes the lake.
And seeing what they have agreed as to these places which are
to be under the influence of Great Britain and Germany, we
will not put our hand towards acquiring any fresh place in
them without the consent of the two Governments.
\VHiitli-nn-al of Zanzibar Protection from Kilimanjaro District.
4. We agree to remove our protection from the district of
Kilimanjaro, and will make an official declaration on the sub-
ject to the Chiefs.*
Coast-line of !F<7«.t
5. Great Britain, Germany. J and we recognize that the coast-
line of Witu stretches from the north of Kipini to the north of
Manda Bay, and Ave will remove all our officials from this
piece of coast.
* See § -4, p. 75G.
t Witu was placed under British Protection 19th Norember, 1890. See
Great Britain, Africa (East Coast), p. 327.
t See Agreement, Great Britain and Germany, Oct. — Nov., 1886 § 5,
p.G17.
31 Aug., 1889.] GREAT BRITAIN AXD ZANZIBAR. [No. 154
[Lease of Sultan's Possessions to British East Africa Company.
Kipini to Mruti (except Witu), L,amu, Manda, Patta, Kiwhyu,
&c., Kismayu, Brava, Meurka, Magadisho, Warsheikh, &c.]
JNo. 154.— AGREEMENT between the Sultan of Zanzibar
and British Acting Agent and Consul-General, respecting
the Administration ly the British East Africa Company
of certain of His Highness' Possessions on the Mainland
and Islands lying off the Coast. Zanzibar, ?Ast August,
1889.*
His Highness Seyyid Khalifa-bin- Saul, with the concur-
rence of the English Government, hereby grants a lease of his
Possessions to the Imperial British East Africa Company on
the following conditions : —
Sultan s Possessions and Islands, ^r., to le administered Inj
the Company. Kipini to Mruti, except Witu,.
ART. I. His Highness hands over to the Imperial British
East Africa Company all his towns, lands, and Possessions on
•the mainland from Kipini to Mruti, or Marote, excepting Witu,
Lamu, Manda, Patta, Kiwhyu, Sfc.
including the Islands of Lamu and Manda, and Patta and
Kiwhyu,f and all other islands in that vicinity, and in Manda
Bay and any other islands on that coast, and the ports of
Kismayu, Brava, Meurka, Magadishu, Warsheikh, and Mruti.
Kismayu, Brava, Merka, Magadishu, Warsheikh, and Mruti, to
be at the disposition and in the hands of the Company.
Administration of Possessions.
ART. II. These possessions are to be held by the Company
as His Highness' " Wakil " (Plenipotentiary and Agent), and
they are to be administered according to the Sherial (Mahom-
medan laws and customs).
* See Concession, British East Africa Company and Zanzibar, 4tli March,
1890, p. 148.
t See Concessions, Zanzibar to British East Africa Company, 4th March,
1890, p. 148, and 5th March, 1891, p. 150.
700
No 154] GKK \T i:i;n \i\ \ M> / \\xii: Alt. [31 Aug., 1889.
[Lease of Sultan's Possessions to British East Africa Company.]
Flags.
His Ili^hni'ss' Hag, and the Liwalis, Askaris, and Kathia
will lie
Sultan's Authority.
Jlis Highness' authority will be respected as now, but these
oilicials will bo under the orders of tho Company in all fiscal
matters and for the maintenance of public order, but His
Highness \\ill have the right of veto in matters of public polity
in so far as concerns his own subjects.
Customs Duties.
ART. III. The Customs duties in the above-mentioned places
are to be levied in confoi'mity with the existing Treaties between
His Highness and foreign States, and His Highness' subjects
will be liable to the same duties.
Buildings, Forts, SfC.
ART. IV. In the above-mentioned places the Company will
have the right to select for their own use, during the period of
this Concession, any building, fort, <fec., belonging to His High-
ness.
Acquisition of Lands and Buildings.
The Company will have the right to acquire lands and
buildings by purchase or negotiation with the consent of the
proprietors.
Duration of Agreement for Five Years*
ART. V. This Agreement is for five years from the date of
its signature. After these five years have elapsed the Sultan
shall give another Concession for more than five years, according
to the Agreement between himself and the Company.
Custom Houses.
AUT. VI. For five years the employes of His Highness will
remain in the Custom Houses. After the lapse of this period,
• See Concession, British East African Company, 4th March, 1890,
p. 148.
761
31 Aug., 1889.] GREAT BRITAIN AND ZANZIBAR. [No. 154
[Lease of Sultan's Possessions to British. East Africa Company.]
His Highness will hand over the Customs entirely to the Com-
pany, and all increase on net profit shall be divided equally
between His Highness and the Company.
In faith whereof His Highness Seyyid Khalifa- bin- Said and
Gerald Herbert Portal, British Acting Agent and Consul-
General, on behalf of the Imperial British East. Africa Com-
pany, have signed this Agreement and affixed their Seals.
Done at Zanzibar, this 31st day of August, 1889.
(Arab Seal.)
Subject to concurrence of the Imperial British East Africa
Company.
(Seal.) G. H. PORTAL.
I certify the above Seals and Signatures of His Highness
the Sultan of Zanzibar and Mr. G. H. Portal, Acting British
Agent and Consal-General.
LLOYD W. MATIIKWS,
In command of Zanzibar Troops.
Zanzibar, 31st August, 1889.
7! 2
No.155 \i\ \M) /A\/ii!\i:. [14 June,1890.
[British Protectorate of Zanzibar Dominions, &c. ;
No. 155.— ./'/,v>/7X/aVJ/, A'H.'I'l'Ml'XT eoruluded be-
tween tin- Xiillan of '/n n'.Hxif, a, nl //<•/• lirit'tiiiiii- M"j<
.1 rtU (xiiliji-rl ti' lilt' tijini-in-iil . i II
M-i,', •,'</ . Goto .'iiiiK ill ', i • UK /,'/•/'/
tin N///A//r.s' iliiiuiiiiunx, tit'm'ssion to the Throne u//T"//: •
<Cr.* /. \±th June, 1890.
British rr<it>-<-l<>ratc.
AKT. I. iiis Highness Seyyid All-bin- Said, the Sultan afore-
said, ii;.".-rp!s fri-i.'ly and unreservedly for himself, his subjects,
and his dominions, the Protectorate of Great Britain, to com-
mence from any date which may hereafter be fixed by Her
Majesty's Government.
/I'azi/iHi- with Foreign Powers to be conducted
through, British Government.
AUT. II. His Highness Seyyid Ali-bin-Said further under-
stands and agrees that all his relations, of whatever sort, with
foreign Powers, shall be conducted under the sole advice and
through the channel of Her Majesty's Government.
tiultun's Dominions lying letween the Umba and Rovuma Iu
ART. III. As regards that portion of His Highness the
Sultan's dominions lying between the Umba and Rovuma
Rivers, His Highness Seyyid Ali agrees to abide by any equit-
able arrangement that maybe come to by Her Majesty's Govern-
ment with Germany regarding its retention by the Germans,
and leaves his just interests in this question entirely to the care
of Her Majesty's Government.f
* See Notification of British Protectorate, 4th November, 1890, p. .
t Sec Agreement, Great Britain and Germany, 1st July, 1890, Arts. 1, § 1
auci 2, pp. G42, G-13.
763
14 June, 1890.] GREAT BRITAIN AND ZANZIBAR. [No, 155
[British. Protectorate.]
British Guarantee of Sultan's Throne to himself and his
Successors.*
ART. IV. Colonel C. B. Euan-Smith, Her Majesty's Agent
rand Consul- General aforesaid, hereby guarantees, on behalf of
Her Majesty's Government, the maintenance of His Highness
the Sultan of Zanzibar's throne to himself, Seyyid Ali, and
also to his successors.
Succession to the Throne of Zanzibar.
ART. V. Colonel C. B. Euan-Smith further guarantees to
His Highness Seyyid Ali, on behalf of Her Majesty's Govern-
ment, the right of nominating his own successor to the
Throne, subject to the approval of Her Majesty's Government.
Agreement to be binding permanently.
AKT. VI. His Highness Seyyid Ali hereby declares that
the above Agreement shall be for ever binding upon himself,
his heirs and successors.
Done at Zanzibar, in duplicate English and duplicate Arabic
copies, on the 14th day of June, in the year 1890.
(Signature in Arabic.)
Translation : (" This is true. Written by Ali-bin-Said with
his own hand.")
Witness to the signature of His Highness the Sultan :
MOHAMMED-BIN-S-AEF.
(L.S.) C. B. EUAN-SMITH, Colonel,
Her Britannic Majesty's Agent and
Consul- General.
Witness to the signature of Colonel Euan-Smith :
ERNEST J. L. BERKELEY,
Her Britannic Majesty's Vice- Consul.
* SuUan Seyyid Ali-bin-Sa'id died on the 5th March, 1893, and was suc-
ceeded by Hained-bin-Thwain, the PRESENT SULTAN (September, 1894).
764
No. 155J GREAT BRITAIN AND x\\/li; vi:. . 14 June, 1890.
[British Protectorate.]
The Sultan "f Zan:iliai- t<> Ihr Ala ruins of Salisbury.
(Translation.) Zanxibar, 14tth June, 1890.
We have heard from our true friend, your Consul-General
Colonel Euan-Smith, all thai your Lordship proposes to do for
our good. And we know, indeed, that the English Govern-
ment is always desirous of doing' good to us, and we are very
t'ul to your Lordship in our heart, and we accept every-
thing proposed. And now, please God, our interests will be
safely in the eare of the English.
This is from your friend.
ALI-BIN-SAID.
765
4 N07., 1890.] G-REAT BRITAIN AND ZANZIBAR. [No. 156
[Zanzibar Dominions. British Protectorate.]
NO. 156.— NOTIFICATION of the British Protectorate over
certain Dominions of the Sultan of Zanzibar. London,
4th November, 1890.
Foreign Office, 4th November, 1890.
British Protectorate over Sultan's Dominions.
IT is hereby notified, for public information, that in pursu-
ance of an Agreement with the Sultan of Zanzibar,* the
Dominions of His Highness are placed under the Protectorate
of Her Britannic Majesty.
The Protectorate comprises the territory recognized as
belonging to His Highness in the Articles of Agreement be-
tween Great Britain and Germany, recorded in the note from
His Excellency Count Hatzfeldt of the 29th October, 1886, and
in the note from the Earl of Iddesleigh of the 1st November
following (No. 123).f
Exceptions: — Territory lyincj to the south of River Umla, Island
of Mafia, and Districts of Brava, Merka, Magadisho, and
WarsheiJih.
With the exception of the territory lying to the south of
the River TJmba, of the Island of Mafia, and of the districts of
Brava, Merka, Magadisho, and Warsheikh.J
[From the " London Gazette " of November 4th, 1800.]
* 14th June. 1890, p. 763.
t See Great Britain and Germany, p. 615.
* On the 3rd August, 1889, the administration of this territory was
agreed to be handed over by the Sultan of Zanzibar to the British East
Africa Company, to be administered by them in the name of the Sultan.
See p. 137. See also 'Deed of Transfer of 18th November, 1889, p. 142.
766
No.157 &BEAT BRITAIN AND /VNZIBAB. 2 Feb., 1891.
[Britimh Jurisdiction.]
No. I57.—DJECLAJtA7'f<i.\' between Gh ><nd
/<nr.i!><tr n'l<itir<' to f/i> I «/' ./"<//<•/"/ ]'i>ir,:rs in
nt %<iii'.'il>:ir, 'luil !•'</>/•/' it /•//, 1891.*
W: has been found desirable that judicial powers,
under A Hidi! XVI of the Treaty of the M'Uli April, 188G
(No. 152), between Great Britain and Xan/.ihar, should, under
' n circumstances, be conferred l>y Her Majesty's Govern-
ment upon persons, within the territories of Zanzibar, who arc
not Consular officers :
It has been agreed between Her Britannic Majesty and J 1 is
J Holiness the Sultan of Zanzibar that such judicial powers as
are authorized by Article XVI of the aforesaid Treaty of tho
30th April, 1886, may be conferred by Her Majesty's Govern-
ment upon any person, whether such person be a Consular
officer or not.
The present Declaration shall have the same force and
duration as the Treaty to which it relates.
In witness whereof the Undersigned, duly authorized to
that effect, have signed the same this 2nd day of February,
1891.
His Highness SEYID ALI, Sultan of Zanzibar.
( '. JJ. EUAN-SMITH, Her Majesty's Agent and
Consul-General, Zanzibar.
* See also Declaration, IGtli December, 1892, p. 768; and List of Orders
in Council, p. 7oO.
767
16 Dec., 1892.] GKEAT BRITAIN AND ZANZIBAR. [No. 155
[Consular Jurisdiction.]
No. 158.— DECLARATION between Great Britain and
Zanzibar amending Art. XVI of 'the Treaty of 30th April,
1886, respecting Consular Jurisdiction. 16th December,.
1892.*
WHEREAS under Article XVI of the Treaty of 30th April, 1886
(No. 152) between Great Britain and Zanzibar, it is provided
that should disputes arise between a subject of His Highness the-
Sultan or other non-Christian Power not represented by Consuls
at Zanzibar and a subject of Her Britannic Majesty, in which
the latter is the plaintiff or complainant, the matter may be
brought before and decided by some person specially dele-
gated by the Sultan for that purpose.
Now, therefore, it has been agreed between His Highness
Seyid Ali, Sultan of Zanzibar, and Sir Gerald H. Portal, Her
Britannic Majesty's Diplomatic Agent and Consul- General,
acting on behalf of Her Majesty's Government, that in all cases
arising within the British Protectorate of Zanzibar, in which,
the plaintiff or complainant is subject to the jurisdiction of
the Protecting Power, and the defendant or accused is a
subject of His Highness the Sultan or of other non- Christian
Power not represented by Consuls, the Sultan hereby dele-
gates all his judicial powers, as defined in the aforesaid
Article No. XVI, to Her Britannic Majesty's Agent and
Consul-General, or to any person or persons appointed by him,
with the concurrence of the Secretary of State for that purpose.
His Highness, however, retains the right to appoint a Kathi to-
be present at the hearing of such cases, and to act as assessor.
The present Declaration shall come into force from the day
of its signature, and shall have the same force and duration a&
the Treaty to which it relates.
In witness whereof the Undersigned, duly authorized to-
that effect, have signed the same this 16th day of December^
1892.
SEYID ALI, Sultan of Zanzibar.
G. H. PORTAL, Her Britannic Majesty's
Diplomatic Agent and Consul-General.
* See List of Orders in Council, p. 708.
768
No. 159J OBEAT BRITAIN AND ZANZIBAR. [17 July, 1893.
[Natives of British Protectorate, Ac.]
No. 159.— ORDER IN COUNCIL Natives of Brifoh Pro-
tectorates outside Zanzibar to be deemed British Protected
Persons when within Zanzibar ; British Jurisdiction
over Zanzibar Subjects ; Enforcement of Treaties, &c.t in
Zanzibar. Windsor, VJth July, 1893.*
[Extract.]
Natives of Protectorates outside Zanzibar to be deemed British
Protected Person* when within Zanzibar.
2. — (1.) Natives of any Protectorate of Her Majesty which
is outside Zanzibar shall when within Zanzibar be deemed to
be British protected persons within the meaning of the Orders
in Council relating to Zanzibar.
British Jurisdiction over Zanzibar Subjects.
(2.) Such of the provisions of those Orders as refer to
British subjects shall extend also to Zanzibar subjects, but in
so far only as by Treaty, Convention, grant, usage, or other
lawful means Her Majesty has jurisdiction in Zanzibar in
relation to Zanzibar subjects.
3. Art. 8 of Order of 1884 amended. Code of Criminal Pro-
cedure (Act 1882) not applicable to Zanzibar.
Enforcement of Treaties, Sfc., in Zanzibar.
7. The powers conferred upon the Consul- General by Article
II of the Order of 1888 shall extend, and be deemed to have
extended to regulations for enforcing the observance of any
Treaty, Convention, or International Agreement to which Her
Majesty is, or may hereafter be, a party, whether the Sultan of
Zanzibar is or is not a party thereto.
* " London Gazette," 21st July, 1893. See List of Orders in Council,
Ac., p. 750.
769 3H
31 July, 1893.] GREAT BRITAIN AND ZANZIBAR. [No. 160
[British Protectorate North, of the Tana, "Witu, &o.]
No. \GQ.-BRITISHPROCLAMAT10N. Administration
by the Sultan of Zanzibar of British Protectorate North of
the Tana, with the exception of the Territories belonging to
His Highness, which are still retained by the British East
Africa Company. 31st July, 1893.*
In the Name of the Queen.
A Proclamation.
Be it known to all whom it may concern, that the Imperial
British East Africa Company having resigned the administra-
tion of the British Protectorate north of the Tana, with the
exception of the territories belonging to the Sultan of Zanzi-
bar, which the Company still retains, it falls to Her Majesty's
Government to make further arrangements for the administra-
tion of that Protectorate ;
And that they have decided during pleasure to delegate the
administration to their trusted friend, Seyyid Hamed-bin-
Thwain, Sultan of Zanzibar, who has accepted this responsi-
bility.
The Protectorate is not incorporated in His Highness'
dominions, but remains independent of and distinct from
them.
RENNELL RODD,
Her Britannic Majesty's Acting Agent and
July 31, 1893. Consul- General at Zanzibar.
* In the following month, Provisional Regulations were issued, by order
of Ihe Sultan of Zanzibar, for the government and administration of the
British Protectorate lying between the Rivers Tana and Juba. See Par.
Pap: "Africa, No. 1 (1894)."
770
ITALY.
3 u 2
ITALY.
LIST OP TREATIES, Ac.
ITALY AND ASSAB, AUSSA, ETHIOPIA, ZULA, AND
DANAKILS.
Sec Abyssinia, Ac., and Italy.
ITALY AND BRITISH EAST AFRICA COMPANY.
See British East Africa Company and Italy.
ITALY AND CONGO.
See Congo and Italy.
ITALY AND OPPIA.
Page
161 2nd Mar., 1889. Notification. Italian Protectorate over Sultanate
of Oppia. (Amended 20th May, 1889) 772
162 20th May, 1889. Notification. (Aa amended). Italian Protectorate
over Sultanate of Oppia 774
163 19th Nov., 1889. Notification. Italian Protectorate over Portions of
East Coast of Africa ....,.,. 77ft
ITALY AND GREAT BRITAIN.
See Great Britain ard Italy.
ITALY AND ZANZIBAR.
See Zanzibar and Italy.
771
2 March, 1889.] ITALY AND OPPIA. [No. 161
[Italian Protectorate over Oppia.]
No. 161.— NOTIFICATION. Italian Protectorate over
Sultanate of Oppia. 2nd March, 1889.*
(Translation.)
AT. Catalani to the Marquis of Salisbury.
My Lord, 20, Grosvenor Square, 2nd March, 1889.
THE Sultan of Oppia, on the East Coast of Africa, has,
through a Special Mission, formally requested the Protectorate
of the Government of His Majesty the King of Italy.
After having ascertained on the spot that neither a foreign
Power nor any private Company, depending from a foreign
Power, had taken possession or established any Protectorate, or
any foreign influence on the above-mentioned territory, an
Italian man-of-war, "by order of His Majesty's Government,
hoisted on the 8th February last the national flag, and declared
the Protectorate by means of a regular Treaty with the Sultan,
tvho has stipulated in his own name and on behalf of his suc-
cessors and of the Chiefs under his sway.f
According to the instructions received from my Government,
and in pursuance of the provisions of Article 34 of the General
Act of the Berlin Conference for the Congo (No. 17), I have
the honour to communicate the above to your Lordship, asking
you to be so good as to take note of this communication.
The limits of the Sultanate of Oppia (Obbia in the British
Maps) are the following : —
On the north, Ras Accad, 5° 30' north latitude ; on the
south, the village El Maregli, 3° 40' north latitude. Oppia, the
chief city, although placed in many maps more towards the
north, is really iu latitude 5° 22'.
I have, &c.,
T. CATALANI,
* See amended Notification, 20th May, 1889, p. 774.
t For Treaty, 8th February, 1889, see S.P., vol.
772
No, 161] ITALY AND OPPIA. [4 March, 1889.
[Italian Protectorate.]
The Marquis of Salisbury to M. Gatalani.
M. le Charg6 d'Affaires, Foreign Office, 4>th March, 1889.
I HAVE the honour to acknowledge the receipt of your note
of the 2nd instant, in which, in pursuance of the provisions of
Article 34 of the General Act of the Conference at Berlin of the
26th February, 1885, on the affairs of Africa (No. 17), yon inform
me that an Italian Protectorate has been established over the
Sultanate of Oppia, or Obbia, on the east coast of that con-
tinent, extending from Ras Accad on the north, in 5° 30' north
latitude, and the village of El Maregli on the south, in 3° 40'
north latitude.
I have, &c.,
SALISBURY.
[See amended Notification, 20th May, 1889, p. 774.]
20 May, 1889.] ITALY AND OPPIA. [No. 162
[Italian Protectorate over Oppia.]
NO. IG2.— NOTIFICATION (As amended). Italian Pro-
tectorate over Sultanate of Oppia. 20th May, 1889.
(1.) M. Catalani to the Marquis of Salisbury*
(Translation.)
M. le Marquis, 20, Grosvenor Square, 20th May, 1889.
WITH reference to my letter of the 2nd March last (p. 772),
respecting the establishment of the Italian Protectorate over
the Sultanate of Oppia, I have the honour to rectify, on the
authority of a detailed and precise Report presented by M.
Filonardi, Italian Consul at Zanzibar, the limits of the Sultan-
ate, which were given before on the faith of telegrams and
incomplete notions.
The Sultanate of Oppia, and, consequently, the extent of
the Italian Protectorate, have as limits, to the south, the terri-
tory of Warsheik, belonging to the Sultan of Zanzibar, f at
2° 30' of north latitude, and to the north Cape Awad, at
5° 53'.
In thus rectifying the limits formerly given, I have the
honour, by order of my Government, to announce to your
Excellency, that the territories of Garad and Wady Nozat, as
far as 8° 3' north latitude, which bound to the north the Sultan-
ate of Oppia, and of which the ownership was contested by
Osmand Mahmond, Sultan of all the Mijjertayns, and Jusuf
Ali Jusuf, Sultan of Oppia, have been, with the consent of the
two Sultans, subjected to the Protectorate of the Italian
Government by an Act stipulated with Osman Mahmond, who
has, further, engaged not to accept, for the remainder of his
dominions, the Protectorate of any other Power but Italy.
I have the honour to request your Excellency to be so good
as to acknowledge the receipt of this Notification, which the
King's Government has charged me to make in conformity with
• The receipt of this Notification was acknowledged by the Marquis of
Salisbury on the 28th May, 1889, p. 775.
f See Zanzibar and Italy. Concession, 12th August, 1892, p. 950.
774
No. 162J ITALY AND OPPIA. 20 May, 1889.
[Italian Protectorate over Oppia.J
the stipulations of Article 34 of the General Act of the Berlin
Conference (No. 17).
In thanking you beforehand, for the reply which you may
be so good as to give me in this matter.
I have, Ac.,
T. CATALANI.
(2). The Marquis of Salisbury to M. Catalani.
M. le Charge d'Affaires, Foreign Office, 28th May, 1889.
I HAVE the honour to acknowledge the receipt of your note
of the 20th instant, notifying the exact limits of the Sultanate
of Oppia.
I have, &c.,
SALISBURY.
775
10 Nov., 1889,1 ITALY. [No. 163
[Italian Protectorate. East Coast of Africa.]
NO. 163.— NOTIFICATION. Italian Protectorate over
Portions of Hast Coast of Africa. 19tf/t November, 1889."
*
(1.) M . Catalani to the Marnuis of Salisbury.
(Translation.)
My Lord, 20, Grosvenor Square, 19th November, 1889.
IN obedience to the instructions I have received from his
Excellency Signor Crispi, I have the hononr co inform your
Excellency that, on the 15th November instant, His Majesty's
Government assumed the Protectorate of those portions of the
East Coast of Africa from the northern boundary of the terri-
tory of -Kismayu to the parallel 20° 30' [ ? 2° 30'] of north
latitude, which lie between the stations recognized in 1886 as
belonging to the Sultan of Zanzibar (No. 120). Thus the
northern boundary of the new Italian Protectorate coincides with
the southern extremity of the Sultanate of Oppia, which formed
the subject of the notification dated the 20th May last
(No. 162).
I should be obliged if your Excellency would be so good as
to take act of the above notification.
Accept, &c.,
T. CATALANI.
(2.) The Marquis of Salisbury to Count TornielU.
M. 1'Ambassadeur, Foreign Office, SOtJi November, 1889.
I HAVE the honour to acknowledge the receipt of Signor
Catalani's note of the 19th instant, announcing that the Italian
Government have assumed a Protectorate over those portions of
the East Coast of Africa from the northern boundary of the
territory of Kismayu to the parallel 20° 30' [? 2° 30'] of lati-
tude north, which lie between the stations recognized in 1886 as
belonging to the Sultan of Zanzibar (No. 120).
I have, <kc.,
SALISBURY.
* For Treaty between Italy and the Sultan of the Mij jertayn Somalia, of
7th April, 1889, see S.P., vol. lux.
776
LIBERIA.
LIBERIA.
LIST OF TREATIES, <fec.
No.
164 1816-1893. Notes.
On Liberia and Maryland
Page
778
21 Oct., 1862.
1 Mar., 1876.
11 Nor., 1885.
26 Oct., 1891.
Oct., 1891,
June, 1892.
8 Dec., 1892.
23 Dec., 1892.
1891—1892.
23 Sept., 1893.
10 Nov., 1893.
August, 1894.
Treaty.
Treaty.
Convention. . . .
Notification . .
Notes.
Arrangement. .
Accession ....
Eicliange of
Notes
Treaty.
Treaty .
Treaty ,
Liberia and United States. Relations 778
Liberia and Cape Palmas, &c. Sub-
mission of Chiefs 778
Great Britain and Liberia. North
West Boundaries 781
French Protectorate over I?ory Coast. 783
"Great Britain and France. French
Sovereignty or Protectorate over
Territory on Ivory Coast between
the San Pedro and the Cavally
Rivers. (See also Great Britain and
L France.) 783
France and Liberia. Delimitation
between their respective Territories. 783
Liberia to " Brussels Act " of 2nd
July, 1890. See Africa (General).
Great Britain and France. Extension
of French. Territory to Frontier of
Liberia. (See Great Britain and
France.)
Liberia and Greboes. Submission of
Chiefs 786
Liberia and Cavalla. Submission of
Chiefs 786
France and Liberia. Boundaries. . Appendix
777
1816-1876.] LIBERIA. [No. 164
[Liberia and Maryland.]
No. 164.— Notes on LIBERIA and MARYLAND.
1816—1893.
IN the year 1816 a Committee was formed in Washington,
with the object of restoring to their native soil in Africa those
of the negroes who, on the abolition of slavery, had obtained
their freedom.
In 1822 this body obtained possession of a tract of land on
the Pepper Coast of Upper Guinea ; and the new Colony which
was to be the refuge of the freed blacks was named Liberia.*
On the 26th July, 1847, the Colony proclaimed itself a free,
sovereign, and independent State, by the name of the Republic
of Liberia, in a Constitution which was drawn up on a model
of that of the United States. t
The independence of Liberia was acknowledged by Great
Britain in March, 1848, and a Treaty of Friendship, Com-
merce, &c., was concluded between the two countries on the
21st November of the same year.| Similar Treaties were sub-
sequently concluded with other countries.
Liberia and United States.
In the Treaty with the United States of 21st October, 1862§
(Art. VIII), the United States Government engaged "never to
interfere, unless solicited by the Government of Liberia, in the
affairs between the aboriginal inhabitants and the Government
of the Republic of Liberia, in the jurisdiction and territories of
the Republic ," and although the Treaty contained no stipula-
tion guaranteeing the independence of Liberia, the United
States' Government have frequently interposed their good
offices to procure the adjustment of difficulties between Liberia
and foreign States.
On the 1st March, 1876, the following tribes representing
* Keith Johnston's "Africa" (1880), p. 128. McCulloch'a "Geo-
graphical Dictionary" (1866), Tol. iii, p. 156.
t S.P., vol. xxxv, p.' 1301.
J. S.P., vol. xxxvi, p. 394. H.T., vol. viii, p. 736.
§ S.P., vol. Iii, p. 228.
778
No. 164] LI H i : i; i \ . [1879 -1884.
[Relations with United States.]
the G'dobo re-united Kingdom, Cape Palmns, Rocktown,
Middletown, Fishtown, Half Garaway, Whole Garaway, Half
Cavalla, and Whole Cavalla, concluded a Treaty of Peace with
Liberia by which they renewed their allegiance to the Liberia n
Government.*
The following instances may be cited as showing the rela-
tion which exists between the United States and Liberiu
In 1879,ton the occasion of the reported offer of French pro-
tection to Liberia, the American Minister at Paris was instructed
to make inquiries on the subject, and he was reminded in his in-
structions, that when it was considered that the United States
had founded and fostered the nucleus of native representative
Government on the African shores, and that Liberia, so created,
had afforded a field of emigration and enterprise for the eman-
cipated Africans of America, who had not been slow to avail
themselves of the opportunity, it was evident that the United
States' Government must feel a peculiar interest in any appa-
rent movement to divert the independent political life of Liberia
for the aggrandizement of a great Continental. Power which
already had a foothold of actual trading possession on the
neighbouring coast.
In 1880, Mr. Evarts informed Mr. Hoppin (the United
States' Charge d' Affaires in London) that the United States
were not averse to having the Great Powers know that they
publicly recognized the peculiar relations which existed between
them and Liberia, and that they were prepared to take every
proper step to maintain them. J
In 1884, Mr. Frelinghuysen informed M. Roustan (French
Minister at Washington) that Liberia, although not a Colony of
the United States, began its independent career as an offshoot of
that country, which bore to it a quasi-parental relationship, which
authorized the United States to interpose its good offices in any
contest between Liberia and a foreign State, and that a refusal
to give the United States an opportunity to be heard for this
* S.P., Tol. Ixviii, p. 464.
t United States' Foreign Relations, 1879, p. 341 ; 1880, p. 862.
J Mr. Evarta to Mr. Hoppin, April 21, 1880. Wharton's " International
Law Digest," TO!, i, p. 444.
779
1857-1887.] LIBERIA. [No. 164
[Maryland.]
purpose would make an unfavourable impression on the minds
of the Government and the people of the United States.
In 1887, on the occasion of the reported French aggressions
on Liberian territory, the United States' Government stated
that their relations with the Republic had not changed, and
that they still felt justified in employing their good offices on
her behalf.*
The French Government, however, although not disposed to
reject the idea of a natural boundary (" delimitation de nature ") ,
objected to negotiate with the Minister of the United States, on
the ground that the Liberian Charge d' Affaires was the only
Agent acknowledged to represent that Republic in France, but
the United States' Government explained that the function of
their Minister in France was only to act, so far as might be
admissible, as a conciliatory medium between the Agent of
Liberia and the French Government.f
Maryland.
An Association called the "Maryland State Colonization
Society " was duly incorporated in the State of Maryland by an
Act of its Legislature (Acts of 1831, cap. 314), and was
authorized to purchase lands in Africa for the purpose of
assisting the colonization of negroes in that country.
In 1854, by agreement with the Parent Society, the colonists
organized the independent African State of Maryland, possess-
ing all the territory purchased by the Society.
On the 4th January, 1856, a Commercial and Slave Trade
Treaty was signed between the Republic of Liberia and the State
of Maryland, in Liberia, in which it was declared to be under-
stood that "the term Liberia had no connection with Liberia
proper."J
Annexation of Maryland to Liberia.
On the 19th February, 1857, a Treaty of offensive and
defensive alliance was concluded between Liberia and Mary-
* United States' Foreign Relations, 1887, p. 291. M. Bayard to Mr.
McLane, March 22, 1887.
t United States' Foreign Relations, 1888.
t United States Foreign Relations, p. 289, April 6, 1887. Mr. Bayard
to Mr. McLane, March 22, 1887. S.P., vol. ihi, p. 1132.
780
Mo. 164] LIBERIA AND GREAT BRITAIN. [11 Nov., 1885.
[Boundary.]
land ;* but in the same year the State was, by consent, annexed
to Liberia as the Maryland County, all its territory passing to
that Republic, which had been recognized by the Governments
of Europe and America.
Boundary of Liberia.
The boundary of Liberia was then claimed by that Republic
as extending from Mannah Point to the San Pedro River ; but
France also claimed the Kron (or Ivory) Coast up to Cape
Palmas, quoting in support of its claim a Decree published in
the " Bulletin des Lois," 1885, which declared the villages of
Grand et Petit Biribi, Tahou, Bach a, &c., up to and including
the mouth of the Garroway, west of Cape Palmas, to be French
Possessions.
A Boundary Treaty was, however, concluded between Franco
and Liberia on the 8th December, 1892. (See p. 783.)
North- Weit Boundaries of Liberia.
On the llth November, 1885,f. a Convention was concluded
between Great Britain and Liberia, for the settlement of the
north-western boundaries of the Republic, and other questions ;
and the following are the Articles which relate to those bound-
aries : —
ART. II. The line marking the north-western boundary of
the Republic of Liberia shall commence at the point on the sea-
coast at which, at low water, the line of the south-eastern or
left bank of the Mannah River intersects the general line of
the sea-coast, and shall be continued along the line marked by
low water on the south-eastern or left bank of the Mannah
River, until such line, or such line prolonged in a north-easterly
direction, intersects the line or the prolongation of the lino
marking the north-eastern or inland boundary of the territories
of the Republic, with such deviations as niay hereafter be
found necessary to place within Liberian territory the town
of Boporn, and such other towns aa shall be hereafter acknow-
ledged to have belonged to the Republic at the time of the
signing of this Convention.
• S.P., rol. xlvii, p. 582.
f H.T., Tol. XYii, p. 823.
781 3 I
11 NOT., 1885.] LIBERIA AND GREAT BRITAIN. [Mo. 164
[Boundary.]
Recognition by Liberia of certain Acquisitions of Territory by the
British Government.
ART. III. The President of the Republic of Liberia hereby
recognizes the recent acquisition by Her Majesty's Government
of certain portions of territory which make the south-eastern
boundary of Her Majesty's Possessions in this portion of West
Africa conterminous with that portion of the line of the north-
western boundary of the Republic of Liberia, as described in
Article II, which commences at the point on the sea-coast at
which at low water the line of the south-eastern or left bank of
the Mannah River intersects the general line of the sea-coast,
and which terminates at the point on the line of the said north-
western boundary line nearest to the town of Ngarinja, situated
on the right bank of the Mannah River.
Repayment by Great Britain to Liberia of Sums paid for the Pur-
chase of the Territories of Mannah, fyc.
ART. IV. Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland engages to pay to the President of
the Republic of Liberia the amounts shown in the statement of
Mr. Benjamin Anderson, the Secretary of the Liberian Treasury,
dated Monrovia, 6th June, 1870, to have been paid at different
periods by the Liberian Government for the purchase of the
territories of Mannah, Mannah River, and Soloma, Mannah
Rock, Cassa, Gumbo, and Mattru ; that is to say : —
Dol. c.
May 23, 1849. Paid to King Robin of the Mannah Territory.. . . 100 00
March 27, 1850. Paid to the Kings and Headmen for Mannah
Rock Territory 600 00
April 6, 1850. Paid to the Kings and Headmen for Gumbo
Territory 600 00
April 9, 1850. Paid to the Kings and Headmen for Mattru
Territory 600 00
May 4, 1850. Paid to the Kings and Headmen for Cassa Territory 850 00
December 24, 1850. Paid to King Robin for Mannah River and
Soloma Territory 1,129 26
782
No. 164J LIBERIA AND FRANCE. [8 Dec., 1892.
[Boundary.]
Presents to the Kings and Chiefs.
DoJ. c.
To the Kings and Chiefs at Hannah Rook 81 72
„ „ Gollinas 10312
„ „ Cossa 6520
„ „ Gumbo 5112
„ „ Mattru 44 70
845 56
To T. S. Gordon, of the Kittam Territory, as Interpreter 50 00
4,075 12
French Protectorates on Ivory Coast.
On the 26th October, 1891, the French. Government notified
to the British Government that, in accordance with Article 34
of the Berlin Act of 26th February, 1885 (No. 17), Treaties
had been concluded with the Chiefs of the Ivory Coast, by
which all that portion of the coast comprised between Lahou
and the Cavally River was placed under the Sovereignty or
Protectorate of France ; to which Lord Salisbury replied (10th
December, 1891, and llth June, 1892) that, as the notification
was made in compliance with the Berlin Act, his answer had
been framed within the limits of the terms of that Act, but
that Her Majesty's Government did not intend by their acknow-
ledgment to prejudice the question of the claims of Liberia to
the territory between the Sac Pedro and the Cavally Rivers-
(see Great Britain and France) (No. 115).
Boundary between French and Liberian Possessions.
On the 8th December, 1892, an arrangement was entered
into between France and Liberia, relative to the delimitation of
the territories of the Republic of Liberia and of the French
Possessions, which contained the following stipulations : —
Ivory Coast and in the Interior.
" AKT. I. On the Ivory Coast and in the interior, the bound-
ary line between the Republic of Liberia and the Frenrh
Possessions shall be laid down as follows, i:. conformity with
783 3 i 2
8 Dec., 1892.] LIBERIA AND FRANCE. [No. 164
[Boundary.]
the red line on the map annexed to the present Arrangement in
duplicate and signed, viz. :
River Cavally.
" 1. The thalweg of the River Cavally, as far as a point
situated at a point about 20 miles to the south of its confluence
with the River Fodedongon-Ba, at the intersection of the
parallel 6° 30' N. Lat. and the meridian 9° 12' of W. Long.*
" 2. The parallel passing through the said point of intersec-
tion until it meets the meridian 10° Long. W. of Paris f, it being,
in any case, understood that the Basin of the Grand Sesters
shall belong to Liberia, and the Basin of the Fodedongon-Ba
shall belong to Francs.
" 3. The meridian 10° until it meets the parallel 7* N. Lat. ;
from this point the boundary shall run in a straight line to the
point of intersection of the meridian 11° Long.* and the parallel
passing through Tembi Counda, it being understood that the
town of Barmaquinola and the town of Mahomadon shall
belong to the Republic of Liberia, Naalah and Mousardon
remaining, on the other hand, to France.
Basin of the Niger and Us Affluents.
" 4. The boundary shall then run in a westerly direction
along this same parallel until it meets on the meridian 13"
Long. W. of Paris the Anglo-French boundary of Sierra Leone. §
This line shall, in any care, secure to France the whole Basin
of the Niger and its affluents.
Free Navigation of the Cavally Eiver.
" ART. II. The navigation of the River Cavally, as far as its
confluence with the Fodedongon-Ba, shall be free and open to
the traffic of both countries.
* 6° 52' of Greenwich,
t 7° 40' of Greenwich.
J 8° 40' of Greenwich.
§ 10° 40' W. of Greenwich. See Agreement, Great Britain and France,
10th August, 1889, Article II, p. 559.
784
w
Jb faze page 784
r 9'
MAP
to Illustrate
THE ARRANGEMENT
between
FRANCE AND LIBERIA
Scale-. 5,<5«.
M) «p 3O 20 10 0
or I Inch = 80 Miles
SO 100
Outline map showing boundary Arrangement
BETWEEN FRANCE A. LIBERIA
of 8th December, 1892
No. 164] LIBERIA AND FRANCE. [8 Dec., 1892.
[Boundary.!
" Franco shall have the right of executing, at her own ex-
pense, on either bank of the Cavally, the works necessary for
rendering the river navigable, it being understood, however,
that no violation shall through this be made of the rights of
sovereignty which on the right bank belong to the Republic of
Liberia. In the event of the execution of these works giving
rise to the imposition of taxation, it shall be determined by a
fresh agreement between the two Governments.
Renunciation by France of territory on the Grain Coatt.
" ART. III. France renounces the rights which she has de-
rived from ancient treaties concluded at various places on the
Grain Coast,
Liberian right of Sovereignly over Grain Coast west of Cavally
River.
" And recognizes the sovereignty of the Republic of Liberia
on the coast to the west of the River Cavally.
Renunciation by Liberia of Territory on Ivory Coast east of
Cavally River.
" The Republic of Liberia abandons on her part all claims to
territory on the Ivory Coast to the east of the River Cavally.
Free Hire of Labourers by France.
" AET. IV. The Republic of Liberia shall facilitate, as in the
past, as far as it shall be in her power, the free hire of labourers
on the coast of Liberia by the French Government or her
Agents. The same facilities shall be reciprocally accorded to
the Republic of Liberia and to her agents on the French por-
tion of the Ivory Coast.
French Reservations, in event of Violation of Liberian Independence
or of Abandonment of Territoriet.
"ART. V. In recognizing the above-determined boundaries
of the Republic of Liberia, the Government of tho French
785
Sept. -NOV., 1893.] LIBERIA AND FRANCE. [No. 164
[Boundary.]
Republic declares that she intends contracting an engagement
yrith the Liberian Republic, free and independent, and makes
svery reservation, in the event of this independence being
violated, or in the event of the Republic of Liberia abandoning
any portion of the territories recosrnized as pertaining to her
tmdev the present Convention,"
To this Arrangement two Articles were annexed, one relating
to the pursuit and capture of fugitives, and the other to the
indemnity to be paid by France to Liberia for the expense
incurred in connection with her establishments on the portion of
the coast situated to the east of the Cavally -River.
Accession to the Brussels Act of 2nd July, 1890.
On the 6th March, 1893, the Belgian Minister in London
notified the adhesion of Liberia, on the 25th August, 1892, to
the Brussels Act of 2nd July, 1890 (No. 18), subject to the
assent of the Senate of that Republic ; and, on the 31st August,
1893, he notified that the Government had been officially
informed that the approval of the Liberian Senate had been
given on the 23rd December, 1892.
Liberia and Greboes.
On the 23rd September. 1893, a Treaty of Peace was con-
cluded between Liberia and the Greboes (G'deboes) of Rock-
town, Middletown, Fishtown, and Cape Palmas, in which the
Chiefs and natives of these towns declared themselves to be
subjects of Liberia, and engaged not to enter into war without
the consent of the Liberian Government.
Liberia and Cavalla.
On the 10th November, 1893, Articles of Peace were signed
between the Liberian Government and the Chiefs of Cavalla,
by which those Chiefs, on behalf of themselves and their sub-
jects, again submitted themselves to the Government of Liberia
and acknowledged that they were its subjects.
[See also APPENDIX.]
786
MADAGASCAR.
MJDAGASCAK.
LIST -F TREATIES, Ac.
MADAGASCAR AND FRANCE.
No. Page
165 8 Aug., 1868. Treaty.. French Consular Jurisdiction, Ac 788
166 17 Dec., 1885. Treaty. . . . Foreign Relations, &c 791
167 27 Dec., 1886. Declarati . Maintenance by France of Treaties be-
tween Madagasca r and Foreign Powers 794
168 1750 — 1885. List of Arexations by France of Madagascar territory
and lehds 795
MADAGASC.lt AND GREAT BRITAIN.
169 27 June, 1865. Treaty.. .. British Consular Jurisdiction. Suppres-
sion of Piracy and the Shire Trade, Ac. 796
For Declaration between Ores Britain and France of 5th August, 1890, respect-
ing Madagascar •<; Great Britain and France, p. 571.
787
8 Aug., 1868.] MADAGASCAR AND FRANCE. [No. 165
[Consular Jurisdiction, &c.]
No. 165. — TREATY of Peace, Commerce, Consular Juris-
diction, &c., between France and Madagascar. Concluded
at Tananarivo, 8th August, IS 68.*
(Translation.)
[Ratifications exchanged at Tananarivo, 29th December, 1868.]
Preamble.
ART. I. — Peace and Friendship.
ART. II. — Right to enter, reside, and travel in respective
Countries, subject to Laws. Most-favoured-nation Treatment.
ART. III. — Religious Liberty. Right to build Schools and
Hospitals. Most-favoured-nation Treatment.
Protection of Persons and Property of French Citizens.
ART. IV. The French in Madagascar shall enjoy complete
protection for their persons and property. They shall be at
liberty, like subjects of the most favoured nation, and when
conforming to the laws and regulations of the country, to
establish themselves wheresoever they shall judge fit, to take
land on lease, to acquire all sorts of property, movable and
immovable, and to engage in all commercial and industrial
operations which are not prohibited by internal legislation.
They shall be at liberty to engage in their service any
Malagasy who is neither a slave nor a soldier, and who is free
from all prior engagement. However, if the Queen requires
these labourers for her personal service, they shall be at liberty
to withdraw after having given previous notice to their em-
ployers.
Leases, contracts of sale and purchase, and contracts for the
engagement of labourers shall be made by authentic acts in the
presence of the French Consul and the magistrates of the
country.
* Promulgated by Decree of the Emperor of the French, 13th March,
1869. Par. Pap., " Africa No. 4 (1883)." S.P., rol. Iviii, p. 190.
788
No. 165J MADAGASCAR AND FRANCE. [8 Aug., 1868.
[Consular Jurisdiction, Ac.]
Inviolability ofDomi*
No one shall enter the establishments or property in the
possession or occupation of French subjects without the consent
of the occupant, unless by the intervention of the Consul.
Political and Contular Agents.
ART. V. The High Contracting Parties reciprocally recog-
nize the right of each to maintain a resident Political Agent
near the other, and to name Consuls or Consular Agents
wherever the exigencies of the service may require. Such
Political Agent, Consuls, or Consular Agents, shall enjoy the
same rights and prerogatives as may be accorded to Agents of
the same rank of the most favoured nation. They shall respec-
tively have the right of hoisting their national flag on their
residence.
French Consular Jurisdiction.
ART. VI. The authorities of Her Majesty the Queen of
Madagascar shall not intervene in disputes between French
subjects, who shall always and exclusively be within the juris-
diction of the French Consul, nor in differences arising between
French and other foreign subjects. The French authorities, on
the other hand, shall not interfere in disputes between Mala-
gasies, which shall always be adjudicated by the Malagasy
authority.
Suits between French subjects and Malagasies shall be ad-
judicated by the French Consul, assisted by a Malagasy Judge.
French Law.
ART. VII. French subjects shall be governed by French law
for the repression of all crimes and offences committed by them
in Madagascar. Culprits shall be pursued and arrested by the
Malagasy authorities, at the instance of the French Consul, to
whom they shall be handed over, and who shall see that they
are punished conformably to the French laws.
789
8 Aug., 1868.J MADAGASCAR AND FRANCE. [No. 165
[Consular Jurisdiction, &c.]
French subjects proved guilty of a crime may he expelled
from Madagascar.
ART. VIII. — Surrender of Criminals.
ART. IX. — Rights of French Merchant Vessels, independent of
Local Authority. Assistance of Malagasy Authorities for Mainten-
ance of Disaipline among Crews of French Merchant Vessels. Sea-
men Deserters.
ART. X. — Recovery of Debts.
ART. XI. — -Property of Deceased Subjects.
ART. XII. — Shipping Dues.
ART. XIII. — Ships of War. Most-favoured nation Treatment.
ART. XIV. — Free Import of Goods, except Munitions of War.
Free Export of Goods, except Cows and Timber.
ART. XV. — Import Duties not to exceed 10 per cent.
ART. XVI. — Export Duties not to exceed 10 per cent.
ART. XVII. — Wrecks and Salvage.
ART. XVIII. — Outrages on French Merchant Vessels. Rob-
beries and Thefts on Shore.
ART. XIX. — Right of French Ships of War to enter Malagasy
Ports, Rivers, and Creeks for Suppression of Piracy.
ART. XX. — Suppression of the Slave Trade. Right of French
Cruisers to search Malagasy and Arab Vessels suspected of Slave
Trading.
ART. XXI. — Abolition of Judicial Trial by the Tanghan or
other Poison. Prisoners of War.
ART. XXII. — Treaty not to be altered except by Mutual Consent.*
ART. XXIII.— Validity of French Text of Treaty.
ART. XXIV. — Exchange of Ratifications.
* Pee Treaty, 17th December, 1885, p. 791.
790
No. 166J MADAGASCAR AND FRANCE. [17 Dec., 1885.
[Foreign Relations of Madagascar.]
No. 166.— TREATY between the Government of the French
Republic and the Government of Her Majesty the Queen of
Madagascar. Signed off Tamatave, 17 th December, 1885.*
(Translation.)
THE Government of the French Republic and that of Her
Majesty the Queen of Madagascar, being desirous of for ever
preventing the recurrence of such difficulties as those which
have arisen recently, and wishing to renew their former
friendly relations, have resolved to conclude a Convention for
that end, and have accordingly nominated as Plenipoten-
tiaries : —
For the French Republic, M. Paul-fimile Miot, Cont.ro-
Amiral, Commander-in-Chief of the Naval Division in the
Indian Ocean, and M. Salvator Patrimonio, Minister Plenipo-
tiary :
And for the Government of Her Majesty the Queen of
Madagascar, General Digby Willoughby, General Officer in
command of the Malagasy troops and Minister Plenipotentiary,
Who, after exchange of their full powers, found in good
and due form, have agreed to the following Articles, subject to
ratification : —
Representation by France of Foreign Relations of Madagascar.
ART. I. The Government of the French Republic will repre-
sent Madagascar in all its foreign relations.
Malagasies Abroad under French Protection.
The Malagasies abroad will be placed under the protection
of France.
French Resident to Preside over Foreign Relations of Mada-
gascar.
ART. II. A resident representing the Government of the
Republic will preside over the foreign relations of Madagascar
* S.P., vol. Ixxvi, p. 477. Published in French Yellow Book, February,
1886. See also Par. Paper " Africa No. 2 (1886)."
791
17 Dec., 1885.] MADAGASCAR AND FEANCE. [No. 166
[French Residents. Jurisdiction.]
without interfering in the internal administration of the do-
minions of Her Majesty the Queen.
French Resident to reside at Antananarivo. Privileges.
ART. III. He will reside at Antananarivo with a military
escort. The Resident will have the right of private and per-
sonal audience of the Queen.
Jurisdiction. Disputes between Frenchmen or between Frenchmen
and Foreigners.
ART. IV. The authorities under the Queen will not inter-
vene in disputes between Frenchmen or between Frenchmen
and foreigners.
Trial of Actions between Frenchmen and Malagasies.
Actions at law between Frenchmen and Malagasies will be
tried by the Resident, assisted by a Malagasy Judge.
ART. V. Frenchmen will be subject to French Jaw as regards
the punishment of all crimes and offences committed by them
in Madagascar.
ART. VI. — Right of Frenchmen to Reside, Travel, and Trade
in Queen's Dominions. Seal Property, Lands, Leases, 8fc.
ART. VII. — Religious Toleration. Confirmation of Treaty
Stipulations of 8th August, 1868. (No. 165.)
ART. VI II. — 10,000,000 Francs to be paid to France by Queen
in Settlement of French Claims and for Losses caused by late
War.
ART. IX. — French Troops to occupy Tamatave until above Pay-
ment be made.
ART. X. — Limitation of Claims.
French Defence of Madagascar Territory.
ART. XI. The Government of the Republic undertakes to
lend assistance to the Queen of Madagascar for the defence of
her dominions.
792
No. 166] MADAGASCAR AND FRANCE. [17 Dec., 1885.
[French Occupation of Die^o Suarez, &c.)
Queen to preside over Internal Affairs of Madagascar.
ART. XII. Her Majesty the Queen of Madagascar will con-
tinue as heretofore to preside over the internal administration
of the whole island.
ART. XIII. — No Claim to be made by France for a War In-
d> amity.
ART. XIV. — Supply of French Military Instructors, Engi-
neers, Professors, and Artizan Foremen.
Sakalavas and Antankares.
ART. XV. The Government of the Queen expressly under-
takes to treat with good will the Sakalavas and Antankares,
and to give due weight to information on this subject which
may be furnished by the French Government.
Right of France to occupy Bay of Diego-Suarez.
The Government of the Republic reserves to itself the right
of occupying the Bay of Diego-Suarez, and of creating there
establishments at its convenience.
ART. XVI. — Amnesty. Removal of Sequestrations.
Confirmation of existing Treaties between France and Madagascar.
AKT. XVII. The actually existing Treaties and Conventions
between the Government of the French Republic and that of
the Queen of Madagascar are expressly confirmed in those of
their provisions which are not contrary to the present stipula-
tions.*
ART. XVIII.— Validity of Texts of Treaty.
ART. XIX.— Treaty to be ratified.^
• See Treaty, 8th August, 1868, p. 788.
t In March, 1886, this Treaty, which was communicated to the French
Chambers, was laid before Parliament. A circular despatch relating to it,
addressed to th« French Representatives at the principal Courts, was laid at
the same time. Her Majesty's Government subsequently learned that the
Treaty had been published in Madagascar with a letter annexed to it signed
by the French Plenipotentiaries, but it was understood that the French have
never admitted that tbey were bound by that letter. " Hansard," vol. viii
(1893), p. 239.
793
27 Dec., 1885.] MADAGASCAR AND FRANCE. [No. 167
[Maintenance of Treaties. French Protectorate.]
No. 167.— FRENCH DECLARATION respecting Mainten-
ance of Treaties in Madagascar, 27th December, 1885.*
M. de Freycinet to the Representatives of the French Republic at
Berlin, Constantinople, London, Madrid, Home, St. Peters-
burgh, Vienna, and Washington.
(Translation.)
Maintenance of Treaties between Madagascar and Foreign Powers.
(Telegraphic.) Paris, 27th December, 1885.
You may say, if you are questioned concerning the Treaty
which we have just signed with the Hova Plenipotentiaries,
that this Treaty, if ratified by the two Governments, changes
nothing in the Treaties already existing between the Hova
Government and other States. It has, moreover, never entered
into our thoughts to place an obstacle by these arrangements to
the free development of private interests which might be esta-
blished in Madagascar, to whatever nationality they may belong.
C. DE FREYCINET.
British Recognition of the French Protectorate over Madagascar.
[ON the 5th August, 1890, a Declaration was signed by the
British and French Governments, by which the British Govern-
ment recognized the Protectorate of France over the Island of
Madagascar, with its consequences, especially as regarded the
exequaturs of British Consuls and Agents, which, it was agreed,
must be applied for through the intermediary of the French
Resident- General. It was also agreed that, in Madagascar, the
missionaries of Great Britain and France should enjoy complete
protection ; that religious toleration and liberty for all forms
of worship and religious teaching should be guaranteed; and
that the establishment of the French Protectorate would not
affect any rights or immunities enjoyed by British subjects in
Madagascar. (See GREAT BRITAIN and FRANCE, p. 571.)]
* S.P., vol. Ixxvi, p. 477. Laid before Parliament with the foregoing
Treaty; in " Africa No. 2 (1886)."
794
No. 168] MADAGASCAR AND FRANCE. C1750-1860.
[List. French Treaties.]
No. 168. — LIST of Annexation*, <(•<:, I;/ /'/•«//«• <>f
The following1 Act« of Cession, and of Occupation, of Mada-
r Territory and Islands are given or referred to in Do
('In, -i)'- "Collection of French Treaties'": —
Vol. Page.
30 July, 1760. Act. Cession of Island of Saintc Mario .... xv 22
I •"> Oct., 1818. Act. Retaking possession of Island of Sainre
Marie by France ...................... xv 158
4 Nov., 1818. Act. Retaking possession of Port of Tin-
tinguo and Coimtry between Cape Bellone
and the River Azaphe .................. XT 1 CO
1 Aug., 1819. Proees- Verbal. Retaking possession of Fort
Dauphin ............................. XT 1 62
II NOT., 1819. Act. Retaking possession of the Island and
Port of Sainte Luce .................... XT 164
14 July, 1840. Act. Cession to France of Territory on West
Coast of Madagascar, and of Islands of Nossi . _„ .
Be and Nossi-Coraba ................. / ^
3 Feb., 1841. Act. Taking possession of Nossi Be and
Nossi-Comba .......................... XT 320
5 Mar., 1841. Treaty. Cession of Ankara and dependent
Islands ............................... XT 323
1 June, 1841. Act. Cession of Nossi-Mitsion (Ankara) .... IT 597
20 Feb., 1859. Convention. French Protectorate, &c. Chiefs
on West Coast of Madagascar ........... XT 417
10 Aug., 1859. Convention. French Protectorate Mahaf ales, xv 428
19 Aug., 1859. Convention. French Protectorate. Sakalavas
of Province of Feh4rena ................ xv 433
26 Sept., 1859. Convention. Indemnity, &c. Manouis. Part
of Ambongou ......................... XT 438
30 Mar., I960. ConTention. Indemnity, &c. Menabe ...... xv 443
23 Apr., 1860. Convention. Indemnity, &c. Muchiconi. . . . XT 448
795
27 June, 1865.] MADAGASCAR AND GREAT BRITAIN. [No. 169
[British Kig-hts a:id Privileges.]
No. 169 — TREATY of Peace, Friendship, and Commerce
between Cheat Britain and Madagascar. Sir/tied at Anta-
nanarivo, 27th June, 1865.*
[Ratifications exchanged at Antananarivo, 5th July, 1866.]
Preamble.
ART. I. — Peace, Friendship, and Good Understanding.
ART. II. — Right of British Subjects to trade and to rent or
Irase Houses or Lands. (See also Art. V.)
ART. III. — Right of British Subjects to exercise and teach the
Christian Religion. Religious Liberty.
Reception of a British Agent at the Capital of Madagascar, and of
Madagascar Agents at the Mauritius, and at London.
ART. IV. The Queen of Madagascar engages to receive a
British Agent at her capital ; and Her Britannic Majesty, in
like manner, engages to receive at the Mauritius, or at London,
an Agent of the Queen of Madagascar.
Appointment of Consuls.
Each Contracting Party may appoint Consuls for the protec-
tion of trade to reside in the dominions of the other.
Most-favoured-nation Treatment.
Such Agents and Consuls shall enjoy, in the respective
dominions, the same rights and privileges which are or may be
there granted to Agents of the same rank of the most favoured
nation.
ART. V.f — Right of British Subjects to purchase, rent, or lease
Houses, 8fc.
* Signed also in the Malagasy Language. H.T., vol. vii, p. 634.
t Amended by Declaration, 16th February, 1883. H.T., vol. xv., p. 1029.
796
No. 169J MADAGASCAR AND OKI A i liKHU.V. .27 June, 1865.
[British Rights and Privilege*.]
in service of ftritith Subject* of Natives of Madagatcar.
I '*c8. Contrast*, frc.
British subjects may freely engage in their service, in any
capacity whatever, any native of Madagascar, not a slave or
a sold ici. who may be free from uny previous engagement.
Leases, contracts of sale, or purchase of houses or lauds in
M.-idagascar, and engagements of labourers, may be executed by
deeds signed before the British Consul and the local authoiities.
All such engagements, however, arc liable to be determined by
mutual consent, should the services of persons so engaged be
required by the Queen, or on their own application, after due
notice.
Tnviolability of Domic ih.
No domiciliary visits shall be made to the establishments,
houses, or properties possessed or occupied by British subjects,
unless by the consent of the occupants, or in concert with the
British Consul. In the absence, however, of any Consular
Officer the local authorities may enter, after giving due notice
to the occupants, whenever it is certainly known that stolen
property or persons escaping from justice are concealed on the
premises. No British subjects residing in Madagascar shall
have the right of entering the house of any subject of the
Queen of Madagascar against the will of the occupant.
Non-importation of Munitions of War.
ART. VI. Munitions of war shall be imported by the Quoen
of Madagascar alone into her dominions ; but save the said
munitions of war, no article whatever shall be prohibited from
being imported into the territories of Her Majesty the Queen of
Madagascar ; nor shall any article whatever be prohibited from
exported therefrom, except munitions of war.
797 3 K 2
27 June, 1865.] MADAGASCAR AND GREAT BRITAIN. [No. 169
[Consular Jurisdiction, &c.]
Non-export of Timber and Cows.
And the following articles which are forbidden by the law of
Madagascar to be exported, namely, timber and cows.
ART. VII. — Export Duty not to exceed 10 per cent.
ART. VIII. — Tonnage, Harbour, Lighthouse, and other Dues.
Entrance of British Ships of War into Ports, fyc., of Madagascar.
ART. IX. Her Majesty the Queen of Madagascar engages to
permit the ships of war of Her Britannic Majesty freely to enter
into the military ports, rivers, and creeks situated within lior
dominions, and to allow such ships to provide themselves, at a
fair and moderate price, with such supplies, sioi-es, and provi-
sions as they may from time to time stand in need of.
ART. X. Wrecks.
Considar Jurisdiction.
ART. XI. Her Majesty the Queen of Madagascar agrees that
in all cases where a British subject shall be accused of any crime
committed in any part of her dominions, the person so accused
shall be exclusively tried and adjudged by the British Consul,
or other officer duly appointed for that purpose by Her Britannic
Majesty. But any British subject whom the British Consul, or
other officer, shall find to have been guilty of having openly
offended against the laws of Madagascar shall be liable to be
banished from the country.
In all cases where disputes or differences shall arise within
the dominions of the Queen of Madagascar between British
subjects and the subjects of Her Majesty the Queen of Madagas-
car, Her Britannic Majesty's Consul, or other duly appointed
officer, aided by an officer duly authorized by Her Majesty the
Queen of Madagascar, shall have power to hear and decide the
same.
The Malagasy authorities shall not interfere in differences
or disputes between British subjects, or between British subjects
and the subjects or citizens of any third Power.
The British authorities shall not interfere in differences or
disputes between Malagasy subjects and the subjects or citizens
of any third Power in Madagascar.
798
No. 169J MADAGASCAR AND GHKAI uicii .\i\. 27 June, 1865.
[British Ships of War. Slave Trade.]
ART. XII.— Recovery of Veils.
AKT. XIII.— Treatment of Hritislt Mtipi.of War or Mvrcluitd
Vessels. iSVameu Deserters.
\ i. XIV. — Property of Deceased Subjects.
AKT. XV. — J'.'t, Html! rinn<l' r or Robbery of Vessels or Subjects.
/iression of Piracy.
ART. XVI . Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland and Her Majesty the Queen of
Madagascar hereby engage to use every means in their power
for the suppression of piracy within the seas, straits, and rivers,
subject to their respective control or influence ; and Her Majesty
the Queen of Madagascar engages not to grant either asylum or
protection to any persons or vessels engaged in piratical pursuits ;
and in no case will she permit ships, slaves, or merchandize
captured by pirates to be introduced into her dominions, or to
be exposed therein for sale.
Permission to British Naval Officers to enter Ports, Rivers, Sfc., of
Madagascar, and to capture Piratical Vessels.
And Her Majesty the Queen of Madagascar concedes to Her
Britannic Majesty the right of investing her officers and other
duly constituted authorities with the power of entering at all
times, with her vessels of war, or other vessels duly empowered,
the ports, rivers, and creeks within the dominions of Her
Majesty the Queen of Madagascar, in order to capture all vessels
engaged in piracy, and to seize and to reserve for the judgment
of the proper authorities all persons offending against the two
Contracting Parties in this respect.
Abolition of the Trade in Slaves.
ART. XVII. Her Britannic Majesty and Her Majesty the
Qut'cn of Madagascar being greatly desirous of effecting the
total abolition of the trade in slaves, Her Majesty the Queen of
Madagascar engages to do all in her power to prevent all such
traffic on the part of her subjects, and to prohibit all persons
residing within her dominions, or subject to her, from counten-
79i>
27 June, 1865.] MADAGASCAR AND GREAT BRITAIN. [No. 169
[British Ships of War. Slave Trade.]
anciug or taking any share in such trade. No persons from
beyond sea shall be landed, purchased, or sold as slaves in any
part of Madagascar.
Right of Search.
And Her Majesty the Queen of Madagascar consents that
British cruisers shall ' have the right of searching any
Malagasy or Arab vessels suspected of being engaged in the
Slave Trade, whether under sail or at anchor in the waters
of Madagascar. Her Majesty the Queen of Madagascar further
consents that if any such vessels shall prove to be engaged in
the Slave Trade, such vessels and their crews shall be dealt
with by the cruisers of Her Britannic Majesty as if such
persons and their vessels had been engaged in a piratical under-
taking.
ART. XVIII. — Abolition of Trial by the Ordeal of Poison.
Prisoners of War.
ART. XIX. Treaty to be ratified.* Power reserved to alter or
add to Treaty.
* Ratification exchanged at Antananarivo 5th July, 1866.
800
MOROCCO.
MOROCCO.
LIST OP TREATIES, <fcc.
MOROCCO AND ALGIERS.
(See Morocco and France.)
MOROCCO AND FRANCE.
No. Page
170 10 Sep., 1844. Convention. . Boundaries. Morocco and Algiers. . . . 802
171 18 Mar., 1845. Treaty Boundaries. Morocco and Algiers. ... 803
MOROCCO AND SPAIN.
See Spain and Morocco.
MOROCCO AND VARIOUS POWERS.
172 81 May, 1865. Convention. . Cape Spartel Lighthouse 808
10 Sept., 1844.] MOROCCO AND FRANCE. [No. 170
[Boundary. Morocco and Algeria.]
No. 170. — CONVENTION between France and Morocco.
Wth September, 1844.*
(Translation.)
Ancient Boundary between Morocco and Algeria to be
maintained.
ART. V. The delimitation of the frontiers between the
Possessions of His Majesty the Emperor of the French and
those of His Majesty the Emperor of Morocco should remain
fixed and agreed upon in conformity with the state of things
recognized by the Government of Morocco at the time of the
domination of the Turks in Algeria. The complete and
regular execution of the present clause shall form the object of
a special Convention to be negotiated and concluded upon the
subject between a Plenipotentiary to be appointed by the
Emperor of the French and a Delegate of the Government of
Morocco. (See Treaty, 18th March, 1845, p. 803.)
* S.P., vol. xxrii, p. 1202, Art. V, confirmed by Treaty, 18th March,
1845, p. 803.
802
No. 171J MOROCCO AND FKAXi K [18 March, 1845.
[Boundary. Morocco and Algeria.]
No. 171. — THE A TY concluded bet i<->r,< flic Plenipotcnti'
of the Emperor of the French ami of tlie Possessions of the
Empire of Aly< , <«, and uf ///< Emperor of Morocco, Suz,
Fez, and of the Possessions of the Emjiire of the West.
ISM March, 1845.*
(Translation.)
Ancient Boundary to be Maintained.
ART. J. The two Plenipotentiaries are agreed that the
boundary which formerly existed between Morocco and Turkey
shall remain the same between Algeria and Morocco. Neither
of the two Emperors shall encroach on the limits of the other ;
neither of them suall in future erect any new buildings on the
boundary line ; it shall not be marked out by stones. It shall,
in a word, remain such as it was between the two countries
before the conquest of the Empire of Algeria by the French.
ART. II. The Plenipotentiaries have traced the boundary by
means of the places through which it passes, and concerning
which they have come to an agreement, so that this boundary
has become as clear and as evident as would be a line traced.
That which is to the east of this frontier line belongs to the
Empire of Algeria.
All that is to the west belongs to the Empire of Morocco.
Bmmdary Line Defined.
ART. III. The description of the commencement of the
boundary and of the places through which it passes is as
follows i—-
This line commences at the mouth of the Wady (" rem-
bouchure de 1'oued (c'est a dire cours d'eau ")) Adjerond on the
sea ; it ascends this watercourse as far as the ford (que), where
it takes the name of Kis ; then it follows again the same water-
course as far as its source, which is called Ras-ol-Aioun, and
which is situated at the foot of three hills boaring the name of
* S.P., vol. xxxir, p. 1287.
803
18 March, 1845.] MOEOCCO AND FEANG'E. [No. 171
[Boundary. Morocco and Algeria.]
Menasseb-Kis, which, on account of their situation to the east
of the Wady (1'oued), belong to Algeria. From Ras-el-Aioun
this same line follows on the crest of the neighbouring
mountains until it reaches Dra-el-Doum ; then it descends into
the plain called El-Aoudj. Prom there it goes nearly in a
straight line to Haouch-Sidi-Aied. Haouch itself, however,
remains at about 500 cubits (coudees) (250 metres) on the east
side, within the Algerian limits. From Haouch-Sidi-Aied it
runs on to Djerf-el-Baroud, situated on the Wady Bou-Naim ;
thence it goes to Kerkour-Sidi-Hamza ; from Kerkour-Sidi-
Hamza to Zoudj-el-Beghal, but leaving to the lefl the country
of the Ouled-Ali-ben-Talha as far as Sidi Zahir, which is in
Algerian territory, it follows the highway as far as Ain-Tak-
balet, which is situated between the Wady Bou-Erda and the
two olive trees called El-Toumiet, which are on Maroquine
territory. From Ain-Takbalet it follows the Wady Roubbam
as far as Ras-Asfour ; it follows beyond that the Kef, leaving
the marabout Sidi-Abd-Allah-Ben-Mehammed-el-Hamlili to the
east ; then, after taking a turn to the west in following the
dcitile El- Mechemiche, it goes in a straight line to the marabout
Sidi-Aissa, which is as the extremity of the plain Missiouin.
This marabout and its dependencies are in Algerian territory.
Thence it runs southwards to Koudiet-el-Debbagh, a hill
situated at the extreme limit of the Tell (i.e., cultivated laud).
From there it takes a southerly course to Kheneg-el-Hada,
whence it goes to Teniet-el-Sassi, a defile the enjoyment of
which belongs to the two Empires.
In order to establish more clearly the delimitation from the
sea to the commencement of the desert, mention must not be
omitted to be made both of land which touches immediately to
the east of the above defined line, and of the names of the tribes
which are thereon established.
Starting from the sea, the first territories and tribes are
those of Beni-Mengouche-Tahta and Aattia. These two tribes
are composed of Maroquine subjects, who have come to live in
Algerian territory in consequence of grave dissensions having
arisen between them and their brothers of Morocco. They
parted on account of these dissensions, and came to seek refuge
804
No. 171] MOROCCO AND FRANCE. [18 March, 1845.
[Boundary. Morocco and Algeria.]
in the land which they now occupy, and of which they have
not ceased obtaining tin- enjoyment from the Sovereign <>!'
Algeria, in consideration for an annual rent.
But the Plenipotentiary Commissioner of the Emperor of
the French, being desirous of giving the Representative of the
Kmperor of Morocco a proof of French generosity, and of his
inclination to draw closer the bonds of friendship ;md to main-
tain the good relations between the two States, has given his
consent to the Maroquine Representative, to the remittance of
this annual rent (500 francs for each of the two tribes) as a
gift of hospitality, so that the two tribes above mentioned will
have nothing to pay, in any way whatsoever, to the Govern-
ment of Algeria as long as peace and a good understanding shall
subsist between the two Emperors of the French and of
Morocco.
After the territory of the Aatti'a comes that of the Messmla,
of the Achfiche, of the Ouled-Mellouk, of the Beni-Bou-Sa'id,
of the Beni-Seuous, and of the Ouled-el-Nahr. These six last
tribes form part of those who are under the dominion of the
Empire of Algeria.
Tt is also necessary to mention the territory touching imme-
diately the west of the above-mentioned line, and to name the
tribes which inhabit this territory. Starting from the sea, the
first territory and the first tribes are those of the Ouled-Mansour-
Rel-Trifa, those of the Beni-Iznessen, of the Mezaouir, of the
Ouled- Ahmed-ben -Brahim, of the Ouled-el- Abbes, of the Ouled-
AH-ben-Talha, of the Ouled Azouz, of the Beni-Bon-Hamdonn,
of the Beni-Hamlil, and of the Beni-Mathar-Rel-Ras-el-A'in.
All these tribes belong to the Empire of Morocco.
Desert of Sahara*
ART. IV. In the Sahara (desert) there is no territorial limit
to be established between the two countries, since the land
cannot be tilled, and can only be used as pasture ground for
the Arabs of the two empires, who come and camp to find
pasturage and the water which they may require. The two
• See Declaration, Great Britain and France, 6th August, 1890, p. 571.
805
18 March, 1845.] MOEOCCO AND FRANCE. [No. 171
[Boundary. Morocco and Algeria.]
Sovereigns shall exercise in what manner they please the
fulness of their rights over their respective subjects in the
Sahara. And, moreover, if one of the two Sovereigns should
have to take measures against his subjects, at a time when the
latter may be intermingled with those of the other state, he
shall take whatever measures he pleases against his own sub-
jects, but he shall abstain from touching the subjects of the
other Government.
Those Arabs dependent on the Empire of Morocco are : the
M'beia, the Beni-Guil, the Hamian-Djenba, the Eiimour-Sahra,
and the Ouled-Sidi-Cheikh-el-Gharaba.
Those Arabs who are dependent on Algeria are : the Ouled-
Sidi-el-Cheik-el-Cheraga, and all the Hamians, except the
Hamiano-Djenba above mentioned.
Desert Villages.
ART. V. This article treats of the designation of the " kes-
sours " (desert villages) of the two empires. The two Sovereigns
shall follow, in this respect, the ancient custom established by
time, and shall, in consideration one for the other, treat the
inhabitants of the " kessours " with deference and kindness.
The " kessours," which belong to Morocco, are those of
Yiche and Fignig.
The " kessours," which belong to Algeria, are : Am-Safra,
Sfissifa, Assla, Tiout, Chellala, El-Abiad, and Bon-Semghonne.
Country South of the Desert Villages.
ART. VI.* With regard to the country, which is to the south
of the " kessours " of the two Governments, as there is no water
there, is uninhabitable, and the desert, properly so-caller!, the
delimitation of it would be superfluous.
ART. VII. Non-rendition of Refugees by either Country.
[On the 5th August, 1890, a Declaration was signed between
the British and French Governments, by Art. II of which the
* The Southern Boundary of Morocco has not yet been clearly defined
(September, 1894). Peregril Island belongs to Morocco.
806
No. 171] MOROCCO AND FRANCE. [18 March, 1845.
[Boundary. Morocco and Algeria.]
Government of Her Britannic Majesty recognized the sphere of
influence of France to the south of her Mediterranean Posses-
sions, up to a line from Saye, on the Niger, to Barrawa, on
Lake Tchad, drawn in such a manner as to comprise in 111-
sphere of action of the Niger Company all that fairly belonged
to the Kingdom of Sokoto ; the line to be determined by the
Commissioners to bo appointed. (See QKEAT BIMTAIV AM»
FRANCE, p. 571.)]
W07
31 May, 1865.] MOROCCO AND VARIOUS POWERS. [No. 172
[Cape Spartel Lig-hthouse.]
No. 172.— CONVENTION between Great Britain, Austria,
Belgium^ Spain, United States, France, Italy, Netherlands,
Portugal, Sweden and Norway ; and the Sultan of Morocco ;
relative to the Establishment and Maintenance of a Light-
house on Cape Spartel. Signed in the French and Arabic
languages, at Tangiers, 31st May, 1865.*
(Translation.)
Construction of Lighthouse by Moorish Government.
ART. I. His Sheriffian Majesty having, in the interest of
humanity, ordered the construction, at the expense of the
Morocco Government, of a lighthouse on Cape Spartel, con-
sents to make over, during the whole duration of the present
Convention, the entire direction and the administration of that
establishment to the Representatives of the Contracting Powers.
It is well understood that such delegation in no way affects the
rights of property and sovereignty of the Snltan, whose flag
shall alone he hoisted on the tower of the lighthouse.
Maintenance of Lighthouse.
ART. II. The Morocco Government not possessing at pre-
sent any navy, either of war or of commerce, the expenses
necessary for the maintenance and administration of the light-
house shall be defrayed by the Contracting Parties by means of
an annual contribution which shall be equal in amount for each
of them ; if hereafter the Sultan should possess a military or
mercantile navy, he engages to take part in the expenses in
the same proportion as the other signing Powers. The expense
of repairs, and, if need be, of reconstruction, shall moreover be
at his charge.
Lighthouse Guard.
ART. III. The Sultan shall furnish, for the security of the
lighthouse, a guard composed of a kaid and four soldiers. He
* H.T., vol. xii, p. 658; S.P., vol. Iv, p. 16. Germany acceded to this
Convention, 4th March, 1878, H.T., vol. xiv, p. 375, and Russia acceded in
1894.
808
No. 172] MOROCCO AND VARIOUS POWERS. [31 May, 1885.
[Cape Spartel Lighthouse.!
engages besides to provide, by every means in his power, even
in case of war, either internal or external, for the preservation
of that establishment, as well as for the security of the keepers
and persons employed there.
Neutrality to be Respected.
On the other hand, the Contracting Powers engage, each so
far as it is concerned, to respect the neutrality of the lighthouse
and to continue the payment of the contribution destined for
it^ maintenance, even in the event (which God forbid) of
hostilities breaking out either between them, or between any
one of them and the Kingdom of Morocco.
ART. IV. Regulations for Service and Superintendence of
Establishment.
ART. V. Duration of Convention.
ART. VI. Engagement subject to Constitutional Laws of the
Contracting Parties.
[Ratifications exchanged at Tangiers, 14th February, 1867.]
[On the 27th — 29th January, 1892, notes were exchanged
between the British and French Governments respecting the
establishment of a signal station at Cape Spartel, and the con-
ditions under which its management would be undertaken by
Lloyd's Committee, which arrangement was made known by
Great Britain to the other Treaty Powers in February, 1892.]
809 3 L
NETHERLANDS
(SEE GREAT BRITAIN AND NETHERLANDS).
3 L 2
NYASALAND
(BRITISH CENTRAL AFRICA PROTECTORATE).
No. 173] NVASAI.A.MI. [1891-1893.
[British Central Africa Protectorate.]
No. 173.— NOTES on Nyaaalan<l «n,l tin-
Africa Protirt^mi, . 1891—1893.
On the 15th May, 1891, the following Notification appeared
in the " London Gazette."
British Protectorate over Nyasaland Districts.
"Foreign Office, 14th May, 1891.
" IT is hereby notified for public information that, under
and by virtue of Agreements with the native Chiefs, and by
other lawful means, the territories in Africa, hereinafter re-
ferred to as the Nyasaland Districts, are under the Protectorate
of Her Majesty the Queen.
" The British Protectorate of the Nyasaland Districts com-
prises the territories bounded on the east and south by the
Portugnese Dominions ; and to the west by a frontier which,
starting on the south from the point where the boundary of the
Portugnese Dominions is intersected by the boundary of the
Conventional Free Trade Zone denned in the 1st Article of the
Berlin Act, follows that line northwards to the point where it
meets the line of the geographical Congo Basin, defined in the
same Article, and thence follows the latter line to the point
where it touches the boundary between the British and German
spheres, defined in the 2nd paragraph of the 1st Article of the
Agreement of the 1st July, 1890." (See GREAT BRITAIN AND
<il KMANY, p. 643.)
" Measures are in course of preparation for the administra-
tion of justice and the maintenance of peace and good order in
the Nyasaland Districts."
On the 24th February, 1893, the following Notification
appeared in the '• London Gazetto."
Protectorate over Nyasaland District* In <>r known as the "British
Central Africa Protectorate.1"*
"Foreign <)(}icr, t'2ml February, 1893.
" IT is hereby notified for public information that the
Nyasaland Districts which were declared by the Notification
811
1892-1894.] NYASALAXD. [No. 173
[British Central Africa Protectorate.]
of the 14th of May, 1891, published in the 'London Gazette'
of the 15th of May, 1891, as being a British Protectorate, will
be hereafter officially known and described as the ' British
Central Africa Protectorate.' " •
Prohibition of Alcoholic Liquors.
On the 18th June, 1892, the Signatory Powei-s to the
Brussels Act were informed that the British Protectorate of
Nyasaland would be placed, from that date, under the terms
of Art. XCI of the Brussels Act, within the zone of prohibition
of alcoholic liquids.
Treaties with Native Chiefs.
Various Treaties were concluded, some by Mr. H. H. John,
ston, C.B., and others by Mr. Buchanan and Mr. Sharpe,
on behalf of Her Majesty's Government, with native
Chiefs and Rulers in the British Central Africa Protectorate
and adjacent Territories, between the 14th August and the
early part of 1894.
[See also Abstracts of Treaties concluded with Makalo, Yao, and
other Chiefs of the Shire Highlands, inadvertently inserted
under BRITISH SOUTH AFRICA COMPANY, p. 187.]
ORANGE FREE STATE.
ORANGE FREE STATE.
LIST OF TREATIES, Ac.
No.
174
Page
1848—1876. Notes On the Orange Free State 814
3 Feb., 1848. Proclamation British Sovereignty 814
22 Mar., 1851. Letters Patent Orange Eiver Territory 814
30 Jan. 1854. Order in C. . . Renunciation of British Sovereignty. . . 814
23 Feb., 1854. Convention.. British recognition of Independence. .. 814
12 Feb., 1869. Convention.. Great Britain. Boundaries. Basutoland 814
13 July, 1876. Agreement.. Great Britain. Boundaries 818
813
1848-1869.] OKANGE FKEE STATE. [No. 174
[Orange River Territory.]
No. 174.— Notes on the ORANGE FREE STATE,
1848—1876.
British Sovereignty.
On the 3rd February, 1848,* a Proclamation was issued by
the Governor of the Cape of Good Hope, declaring the sove-
reignty of the Queen of England over the territories north of
the Great Orange River, "including the countries of Moshesh,
Moroko, Molitsani, Sinkonyala, Adam Kok, Gert Taaybosch,
and other minor Chiefs, as far north as to the Vaal River, and
east to the Drakensberg or Quatplamba Mountains."
Orange River Territory.
On the 22nd March, 1851, f Letters Patent were issued
erecting the said territories into a separate Government, under
the name of the " Orange River Territory."
Renunciation of British Sovereignty.
..But .on the. 30th January, 1854, J Orders in Council were
issued- revoking the Letters Patent of 22nd March, 1851,
and declaring the abandonment and renunciation of the
dominion and sovereignty of Great Britain over the Orange
Rivar Territory on and after the 1st of August of that year.
Independence of the Orange Free State.
On the 23rd February, 1854,§ a Convention was concluded
between Great Britain and the Orange River Territory, for the
recognition by Great Britain of the Independence of that
State.
Basutoland. Boundaries.
And on the 12th February, 1869, || a Convention was con-
cluded between Great Britain and the " Orange Free State,"
* S.P., Tol. Ivi, p. 324.
t S.P., vol. liv. p. 1115.
£ S.P., Tol. Ivi, pp. S2V, 328.
§ S.P., vol. Ivi, p. 331.
|| S.P., vol. Ixx, p. 322.
814
No. 174 j OK.\\..i. n:i i -M. 12Feb.,1889.
[Or an ire Freo State. Baautoa.]
K |M,tin- BaMitolund, which contained the following stipula-
tions with regard to Uoumhirii-s, &c.
Line between Basntuland and the (> •>• State.
ART. I.* The boundary lint- between Hasutoland, forming
j»:n-t of tin- British Kmpiiv by virtue of the Proclamation of His
Kxrrllrnry the High Commissioner of Her Britannic Majesty,
dated 12th March, 1868,f and the Orange Free State, shall,
subject to the provisions contained in Article VI hereof, be aw
follows: — From the junction of the Cornetspruit with the
( ) range River, along the centre • f the former to the point
nearest to Olifantsbeen ; from that point to Olifantsbeen ; from
Olifantsbeen to the southern point of Langberg; along the top
of Langberg to its north-western extremity ; from thence to the
eastern point of Jammerberg : along the top of Jammerberg to
its north-western extremity ; from thence, by a prolongation of
the same to the Calcdon Tliver ; along the centre of the Caledon
River to where the Putisani fails into it ; along the centre of
the Putisani to its source in the Drakensberg ; from thence along
the Drakeiisberg.
ART. II. — Boundary Commission to be appointed.
Basuton domiciled on Eastern Side of Boundary Line. British
Subjects. »
AKT. III. The Government of the Orange Free State hereby
acknowledges the Basutos domiciled on the eastern side of the
boundary line mentioned in Article I to be British subjects.
Native* allowed to establi-ih themselves on Free State Side of
Boundary Line. Subject* of Orange Free State.
ART. IV. All natives who have been allowed or permitted
by the Government of the Orange Free State to establish
themselves on the Free State side of the boundary line men-
* This boundary was altered. Scv Act, Cape of Good Hope, llth
August, 1871, p. 330; and Agreement, l.'Uh July, 1876, p. 818.
t S. P., vol. Ixix, p. 117v
815
12 Feb., 1869.] ' ORANGE FREE STATE. [No. 174
[Orange Free State. Boundary.]
tioned in Article I are hereby acknowledged to be subjects of
the Orange Free State.
Other Basutos on Western Side of Boundary Line to qiiit the
State after 3lsi July, 1869.
ART. V. Such Basutos, not falling within the terms of
Article IV or Article VII, as at present live on the western
side of the boundary line mentioned in Article I shall be
allowed to remain on the said side until the 31st day of July,
1869, in order to enable them to reap and remove their crops ;
and after the said day, unless specially permitted by the
Government of the Orange Free State to remain, shall be
obliged to quit the territory of the said State. Such of them as
may fail to comply herewith may be expelled by such means as
the Government of the Orange Free State may think tit to
adopt for that purpose.
Alteration of Boundary Line in event of Chief Molapo being
allowed to become a British Subject.
ART. VI.* Upon the written request of the Chief Molapo to
the Volksraad of the Orange Free State for himself and his
people to be relieved from their subjection to that State, and to
become British subjects, the Volksraad shall grant the said
request ; whereupon the land between the Putisani, the Caledon
JRiver, and the Drakensberg shall cease to form part of the
territory of the Orange Free State ; and the boundary line
mentioned in Article I, instead of running along the centre of
the Caledon River to where the Putisani falls into it, along the
•centre of the Putisani to its source in the Drakensberg, and
from thence along the Drakensberg, shall thereafter be taken
to run along the centre of the Caledon River to its source in
the Drakensberg.
ART. VII. — French Missionary Establishments, Mequatling
and Mabolele.
ART. VIII. — Free Intercourse, between the White Inhabitants
* This boundary was altered. See Act, lltli August, 1871, p. 330 ; and
Agreement, 13th July, 1876, p. 817.
816
No. 174 ORANGE FRKE STA 1 [12 Feb., 1889.
[Orange Free State.]
in (ho Orange Free Slate and Jiaeutoland, subject to Law* and
Regulations.
ART. IX. — No Natives in Basutoland to be allowed to enter or
pass through the Orange Free State, and no Natives in the
Orange Free State to be allowed to enter or past through llasuto-
land, except in conformity with Regulations.
ART. X. — Special Convention to be concluded for Surrender of
Criminals.*
ART. XI. — Thefts of Cattle and other Property.
AKT. XII. — Mutual Claims for Thefts and other Damages to
be referred to Arbitration.
Claim of Orange Free State to Compensation.
ART. XIII. f In the same manner His Excellency the High
Commissioner agrees to arbitration with regard to the claim of
the Orange Free State to compensation for the abandonment
of the land situate between the boundary line mentioned in
Article I of the Treaty of Peace between the Orange Free State
and the Chief Moshesh, dated 3rd April, 1866, and that men-
tioned in Article I of the present Convention, and in the case
provided for by Article VI for the abandonment of the land
situate between the Putisani, the Caledon River, and the
Drakensberg.
Confirmation of Convention between Great Britain and Orange
River Territory, of 23rd February, 1854, and of Proclamation
of 12th March, 1868.
ART. XIV. Nothing herein contained shall be construed to
set aside or invalidate the Convention entered into on the
23rd February, 1854,^ between Sir George Russel Clerk, Her
Britannic Majesty's Special Commissioner, and the representa-
tives delegated by the inhabitants of the Orange River Terri-
tory, nor any part of the same, nor shall the Proclamation of
* Convention signed 1st — 7th Sept., 1887. H.T., voL xviii, p. 102.
t This boundary was altered. See Act, llth August, 1871, p. 330; and
Agreement, 13th July, 1876, p. 817.
J By this Convention the Independence of the Orange River Territory
was recognized by Great Britain. S. P., vol. Ivi, p. 331.
817
13 July, 1876.] ORANGE FREE STATE. [No. 174
[Orange Free State. Boundary.]
his Excellency the High Commissioner, dated 12th March,
1868,* be held to have been a violation of said Convention.
AKT. XV. Conditional Abrogation of certain Articles.
[It was stated (among other things) in the Schedule at-
tached to this Convention that the border between the Free
State and Basutoland should be that recognized before the war
of 1865.]
Boundaries.
On the 13th July, 1876,f another Agreement was entered
into between the British Government and the Orange Free
State, which contained the following stipulations with regard
to frontiers, &c.
London, I3th July, 1876.
MEMORANDUM OF AGREEMENT between the Bight Honourable
the Earl of Carnarvon, Her Majesty's Secretary of State
for the Colonies, representing Her Majesty's Government,
and his Honour President Brand, for the Orange Free State,
who, having met and fully communicated with each other
for the purpose of arriving at an understanding with regard
to the frontier line between the British and the Orange
Free State Territories, and as to the sum to be paid by
Her Majesty's Government to the Orange Free State in full
settlement of all claims with respect to the Diamond Fields
and the question of Sovereignty over the lands hitherto in
dispute, hereby agree as follows : —
ART. I. The frontier shall be known and recognized here-
after (subject to the provisions in paragraph 'No. 2) by a line
drawn from Rama (Fountain), passing through David's Graf
(close above the junction of the Riet and Modder Rivers) to
the beacon standing on Tartantal Kop (and marked by De
Villiers on the map referred to hereafter), thence by a straight
line at right angles to the line from David's Graf to the summit
of Platberg, and from the point where the two lines join, thence
to the summit of Platberg, thence in a straight line to the
* S. P., vol. Ixix, p. 1178.
t S. P., vol. Ixx, p. 330.
818
No. 174] ORANGK Ki; 1:1: M \ 1 1: 13 July, 1876.
[Orange Free State. Boundary.]
point marked G on the said map, on the River Van], i
the whole of the places known as the Diiinmnd Fields.
AKT. II. The boumlury line given sliall be drawn
leave within the Free tStato territory the farm belonging to
Gideon Joubert, and the four farms occupied by Commandant
Dolf Erasmus, according to the boundaries of the said farms as
registered in the Registry of Deeds Office at Bloenifon»ein, on
the 27th October, 1871, but veri6ed and certified by examina-
tion, and by marking of beacons, to be made on the spot by two
experts, approved by the Right Honourable the Earl of Car-
narvon and his Honour President Brand.
AKT. III. The map now in the hands of the Right Honour-
able the Earl of Carnarvon, drawn by Mr. Jonas de Villiers, of
the Free State, and signed in duplicate by the Right Honour-
able the Earl of Carnarvon and his Honour President Brand,
shows the line of boundary as herein set forth. But it is
admitted that this map is to be verified and approved on the
spot by the experts herein referred to, who will mark out the
line of boundary by beacons, and make out two copies of the
chart, and sign the same, which is to be completed within six
months, unless prevented by unforeseen circumstances, or sooner
if possible.
ART. IV. The amount to be paid by Her Majesty's Govern-
ment on the due fulfilment and carrying out of the details of
this Agreement is hereby fixed at the sum of £90,000 sterling,
payable as follows : — £20,000 payable at Bloemfontein on the
completion of the surveys and settlement of the boundaries by
beacons, in bills drawn by the Treasurer-General of the Orange
Free State upon Her Majesty's Government in London at
00 days after sight, and the remainder (£70,000 sterling) by
bills equal to cash in London on the completion of the docu-
ments exchanged there.
819
PORTUGAL
S M
PORTUGAL.
LIST OF TREATIES, Ac.
PORTUGAL AND AFRICA (EAST COAST).
See Great Britain and Portugal.
PORTUGAL AND AFRICA (GENERAL).
26 Feb., 1885. Berlin Act. See Africa (General).
2 July, 1890. Brussels Act. See Africa (Gencial).
PORTUGAL AND AFRICA (WEST COAST).
See Dahomey.
PORTUGAL AND CONGO.
See Congo and Portugal.
PORTUGAL AND FRANCE.
See France and Portugal.
PORTUGAL AND GERMANY.
See Germany and Portugal.
PORTUGAL AND GREAT BRITAIN.
See Great Britain and Portugal.
PORTUGAL AND SOUTH AFRICAN REPUBLIC
(TRANSVAAL).
No. Togo
175 29 July, 1869. Treaty. Boundary, District of Bay of Lorenzo-Marquex,
of Delagoa Bay 822
176 11 Dec., 1875. Treaty. Boundary, Lorenzo -Marquez Kailway 823
— 17 May, 1884. Treaty. Lorenzo-Marquez Kailway, Ac M:7
PORTUGAL AND ZANZIBAK
See Zanzibar and Portugal.
81 3 M 2
29 July, 1889.] PORTUGAL & S. AFRICAN REPUBLIC. [No. 175
[Boundary. Transvaal.]
No. 175. — TREATY of Friendship, Commerce, and Bound-
aries, between Portugal and the Transvaal Republic. Signed
at Pretoria, 29^ July, 1869.
[This Treaty was replaced by the Treaty of llth December,
1875 (No. 176), except in so far as regarded the definition of
the respective boundaries given in Art. XXIII, which were
declared to be confirmed.]
District of Bay of Lorenzo-Marquez or Delagoa Bay.
ART. XXITI, § 2.* The district of the Bay of Lorenzo-
Marquez, which is denominated Delagoa Bay in the English
bydrographic charts, being the most southern of the Portuguese
Possessions in East Africa, it is understood that in those regions
cf the African continent the stipulations of this Treaty shall be
executed, on the part of the Crown of Portugal, in the territories
that belong to it which to the south have for their limits the
line drawn from a point in 26° 30' south latitude in the direc-
tion due west up to the mountains of Le Bombo ; thence along
the summit of the said mountains as far as the pass of the river
Comatie, where that river runs between the mountains of Le
Bombo; thence to N.N.E. up to the mountain called Pokiones-
kop, which is to the north of the river Oliphant, where it runs
in those parts ; thence to N.N.W. to the nearest point of the
ridge of Chicundo where the river Umbovo runs ; thence in a
straight line as far as the junction of the rivers Pafori and
Limpopo.
[See also GREAT BRITAIN AND PORTUGAL, p. 704.]
• S.P., Tol. Ixiii, p. 605.
822
No. 176J PORTUGAL & S. AFRICAN REPUBLIC. (11 Dec., 1875.
[Boundary. Transvaal.]
.— TREATY of Fi-ini.Miji, CO,HH,.. I .J,&c.,
between the South African Republic, //</,/• t/,, T
State, and the Kiiiy of rurtuyul, tcit/t Protocol a ..... td,
irlatiny to tJw Lwcnzo-Marqiicz Railinnj. tiiijn.ul ut
Lisbon, }\tk December, 1875.*
[Ratified by Her Majesty as Suzeraine of the Transvaal
State, and Ratifications exchanged at Lisbon, 7th October,
1882.f]
(Extract.)
(Translation.)
His Majesty the King of Portugal and of the AlgarveF,aud
the Government of the South African Republic, being animated
•with the desire of drawing closer, improving, and consolidating
the relations of amity and friendship subsisting between their
respective States, have determined to conclude a new Treaty for
this purpose, and have appointed their Plenipotentiaries,.
namely : —
His Majesty the King of Portugal and of the Algarves,
Senhor Joao de Andrade Corvo, his Councillor, a Peer of the
Realm, Minister and Secretary of State for Foreign Affairs,
&c., &c. ; and the Government of the South African Republic,
Mr. Thomas Francis Burgers, President of that Republic ;
Who, after having communicated to each other their respec-
tive full powers, which were found in due and proper form,
have agreed upon and concluded the following Articles : —
Boundary.
ART. XXI. The stipulations of this Treaty shall be substituted
for those of the Treaty concluded on the 29th July, 1869,
between Portugal and the South African Republic, except as
far as regards the definition of the respective boundaries, which
shall continue to be regulated in accordance with the stipula-
tions of the said Treaty of the 29th July, 18G9 (No. 175).
* Signed in the Portuguese and Dutch Languages.
t H.T., vol. IT, pp. 295, 301.
823
11 Dec., 1875.] PORTUGAL & S. AFRICAN REPUBLIC. [No. 176
[Iiorenzo-Marquez Railway.]
Duration of Treaty.
Anr. XXII. This Treaty shall be in force during 20 years,
reckoning from the date of the exchange of the ratifications
thereof. Should either of the Contracting Parties fail to
notify 12 months before the expiration of that term its in-
tention- of causing the effects of the said Treaty to cease, it
shall, continue to be binding until the expiration of the terra
of one year, reckoning from the date when either of the two
High Contracting Parties shall have notified its intention of
terminating it.
Ratifications.
ART. XXIII. The present Treaty shall be ratified in accord-
ance with the formalities adopted in either of the two countries,
and after the exchange of ratifications it shall come into
force within the period which may be fixed upon by mutual
agreement.*
PROTOCOL, llth December, 1875.
Construction of a Railway from Lorenzo-Marques or elsewhere
to Frontier of South African Republic.
THE Undersigned, inspired by the earnest wish which ani-
mates their respective Governments of facilitating the com-
mercial relations between the Province of Mozambique and the
South African Republic, and of promoting the development of
the public wealth of the two countries, have thought it ex-
pedient to declare, on the occasion of the signature of the Treaty
of the llth of this month, what follows : —
The Government of His Majesty the King of Portugal con-
sents to aid the construction of a railway from, the Port of
Loronzo-Marqu.es, or from a point on the right bank of the river
of that name where there may be permanent navigation, and
which will be definitely fixed with reference to the proper
techircal and administrative reports, as far as the frontier of
* Ratified by Her Majesty, the Queen of the United Kingdom of Great
Britain and Ireland, &c., as Suzeraine of the Transvaal State, and Ratifica-
tiona exchanged at Lisbon, 7th October, 1882,
824
No. 176] PORTUGAL & S. AFRICAN BKFUliLlC. [11 Dec., 1875.
[Railway. Lorenzo-Marque*.)
the .South African Republic, by according to the undertaking
or Company which may be formed for this purpose, and which
may offer sufficient guarantee that it is capable of effecting the
construction in question—
1. A subvention which may be equal to one-half the cost of
the works, in accordance with the estimate to be made in view
of the plan, and subject to the technical conditions which may
be definitely stipulated, which estimate and plan must bo ap-
proved of beforehand by His Majesty's Government.
2. The land belonging to the State which may be required
for the construction and working of the said railway.
3. Free importation during 15 years of any fixed and circu-
lating materials for the construction and working of the said
railway.
4. The right of preference, in an equality of circumstances,
for the construction of any branch, lines of railway.
5. The exclusive right of working of the said railway and
of the electric telegraph pertaining to it during 99 years, at
the expiration of which they will revert to the State without
any compensation. His Majesty's Government, however, re-
serves unto itself the right of redemption and the option of
using it at such period and in such a manner as may be stipu-
lated in the contract.
The Government of His Majesty the King of Portugal also
consents to allow the importation, free of duty, of all the fixed
and circulating materials for the construction and working of
the continuation of the said line of railway in the territory of
the South African Republic.
The Government of the South African Republic on its part
declares —
1. That it binds itself to continue the line of railway from
the Portuguese frontier as far as a centre of production and
consumption which will insure the traffic of the line and the
development of international trade.
2. That it will place at the disposal of the undertaking and
Company which may be formed for the purpose, all the surveys
and plans that shall have been made on account of the same
Government.
825
11 Dec., 1875.] PORTUaAL & S. AFRICAN BEPUBLIC. [No. 176
[Railway. Lorenzo-Marquez.]
3. That in case it should deem it expedient to accord the
construction of the respective line of railway to the same under-
taking or Company to which the construction of the Portuguese
part may have been accorded, the Government of the South
African Republic will grant the said undertaking or Company
every facility, and especially —
(1.) The gratuitous concession of the land requisite for the
purpose.
(2.) A guarantee of 5 per cent, on the capital employed, or
else a subvention analogous to that promised by the Government
of His Majesty the King of Portugal.
_ (3.) It likewise binds itself to use its best endeavours to
induce the natives of the Republic to work in the construction
of the said railway, and to adopt every means in their power for
the speedy termination of the works.
In fine, the Undersigned declare that, in case the same Com-
pany should obtain the concession of the two parts of the said
line of railway, and whereas the Company must be subject to
the laws of each of the countries within their respective terri-
tory, the Government of His Majesty the King of Portugal and
the Government bf the South African Republic shall adopt, by
mutual agreement, the means which they may deem most ex-
pedient and effectual in order that the Company may carry out
its engagements, and in order to insure, from every point of
view, the success of a work from which so many advantages
must accrue to both countries.
In witness whereof the Undersigned have signed their names
herein, and have affixed thereto the seals of their arms.
Done in Lisbon, the llth December, 1875.
(L.S.) JOAO DE ANDRADE CORVO.
(L.S.) THOMAS BURGERS,
President of the State of the South
African Republic.
826
No. 176! PORTUGAL & S. AFRICAN REPUBLIC. [1884 -1887.
[Railway. Lorenzo-Marque*.]
On the 17th May, 1884*, a Treaty supplementary to the
Treaty of llth December, 1875, was concluded between Portu-
gal and the South African Republic, with the object of facili-
tating the construction and working of the railway to be made
to connect the Province of Mozambique with Pretoria, which
was sanctioned by the British Government.
To this Treaty a Protocol was attached, bearing the same
date, relative to a proposed Customs Union between the South
A f ricun Republic and other States and Colonies ; also a memo-
nnulum bearing the same date, and signed by the Portuguese
Minister of Marine and Colonies, respecting the concession to a
tramway between Lorenzo-Marques and the Transvaal.
Boundary between Portugal and the South African
The following is an extract from a despatch from Her
Britannic Majesty's Agent at Pretoria to Her Majesty's High
Commissioner at Cape Town, dated 16th September, 1893,
respecting the boundary between Portugal and the South
African Republic.
(Extract.)
Mr. von Wielligh says the boundary from Komati poort
south to the beacon at or on Nellmapius road, to Lorenzo-
Marquez, where it crosses the Lebombo Mountain, has been
beaconed off in 1887, and is recognized by Portugal and the
South African Republic, but not confirmed by formal Treaty.
The point called Nellmapius road is marked " Matalhas
poort " on Jeppe's map, and " Matingatinga " on the sketch
map, marked A, I am sending.
From the above point at Nellmapius road, or Matalhas
poort south, to the point on the Lebombo east of the '-Mn-
nanga " Mountains, no boundary has been beaconed off, but the
Transvaal claims only to the eastern summit or break of the
mountain, and not to the foot of the eastern slopes, and no
claim is made by the Transvaal to the foot of the eastern slopes
at any part or portion of the boundary.
• H.T., Tol. xvii, pp. 8C7— 870.
827
18 84-1887.] PORTUGAL & S. AFRICAN REPUBLIC. [No. 176
[Railway. Lorenzo-Marqtiez.]
From Komati poort north to the Singwetse the boundary
has been beaconed off in 1890, and is shown on sketch map B
referred to ; from there to the Limpopo it is still in dispute.
In speaking of the eastern summit of the Lebombo as the
boundary claimed by the Transvaal (along the whole extent),
Mr. yon Wielligh explained that the Lebombo is a plateau
varying from 1 to 20 miles in width, without any well-marked
ranges or sudden descents on either side, but it falls with a
steeper gradient to the east, and that break or brow being the
best natural boundary has for that reason been taken as the
line of demarcation, giving the Transvaal the tableland, but
leaving to Portugal the whole of the eastern slopes.
828
SOCOTRA
No. 177 J SOCOTEA. [23 April, lc. 88.
[Britiih Protection.]
No. 177— TREATY between Great Britain and &<
f.rt>-/i</iny Jiritidi Protection to Socotra and its Depend-
encies. Signed at Kishn, 23rd April, 1886.*
THE British Government and Ali-bin-Abdalla-bin-Salim-bin-
Saad-bin-Afrir, Snltan of Socotra and its Dependencies, being
desirous of maintaining and strengthening the relations of
peace and friendship existing between them, the British Govern-
ment have named and appointed Brigadier-General A. G. F.
Hogg, Political Resident at Aden, to conclude a Treaty for the
purpose.
The said Brigadier- General A. G. F. Hogg and Sultan
Ali-bin-Abdalla aforesaid have agreed upon and concluded the
following Articles : —
ART. I. The British Government, in compliance with the
wish of the Undersigned, Sultan Ali-bin-Abdalla, hereby under-
takes to extend to the Island of Socotra .and its dependencies
which are under his authority and jurisdiction the gracious
favour and protection of Her Majesty the Queen- Empress.
ART. II. The said Sultan Ali-bin-Abdalla agrees and
promises, on behalf of himself, his heirs and successors, to
refrain from entering into any correspondence, Agreement, or
Treaty with any foreign nation or Power except with the
knowledge and sanction of the British Government; and
further promises to give immediate notice to the Resident at
Aden, or other British officer, of the attempt by any other
Power to interfere with the Island of Socotra and its depend-
encies.
ART. III. The above Treaty shall have effect from this
date.
In witness whereof the Undersigned have affixed their
signatures or seals, at Kishn, this 23rd day of April, 1886.
» S.R, vol. Ixivii, p. 1269. H.T., rol. xriii, p. 81.
829
23 April, 1886.] SOCOTRA. [No. 177
[British Protection.]
(On behalf of Brigadier- General A. G. F. Hogg, Political
Resident at Aden.)
CHAS. W. H. SEALY, Second Assistant Resident.
Witness :
M. S. JAFFER, Native Assistant Resident.
M ALI BIN ABDALLA BIN SALIM BIN
SAAD BIN JA'WARI BIN AFRIR,
Sultan of Socotra and its Dependencies.
Witnesses :
SULTAN SALIM BIN AHMED BIN SAAD BIN AFRIR.
SAAD BIN MUBARAK, Kadthi of Kishn.
MAHOMED BIN SAAD, Kadthi of Gollonsia and Socotra.
DUFFERIN, Viceroy and Governor- General of India.
This Treaty was ratified by the Viceroy and Governor-
General of India in Council, at Simla, on the 23rd day of June,
1886.
H. M. DURAND, Secretary to the Govern-
ment of India , Foreign Department.
[The British flag was formally hoisted at Tamarida, on the
30th October, 1886.]
£30
SOMALI COAST.
SOMALI COAST.
LIST OP TREATIES, Ac.
No.
178 1840—1894.
— 19 Aug., 1840.
— 27 Aug., 1840.
— 3 Sept., 1840.
Notes On the Somali Coast ,
Pftge
832
Deed .
Deed .
Treaty
— 7 Sept., 1877. Agreement
— 1884.
— 11 Feb., 1885.
— 23 April, 1886.
— 1884—1886.
— 20 July, 1887.
— | Feb., 1888.
— 13 Dec., 1889.
— 5 May. 1894.
Treaties
Notification
Treaty
Treaties
Notification ....
Notes
Order in Council
Agreement
Tajourah. Sale of Mussa Island to
Great Britain 832
Tajourah. Sale of Island of Bab to
Great Britain 832
Zaila. Non-conclusion of Treaties
with Foreign Powers. Cession of
Aubad Island to Great Britain . . 832
British and Egyptian Governments.
Conditional recognition of Egyp-
tian jurisdiction over the Somali
Coast (see Egypt).
France and Sultans of Gobad and
Tajourah (see France).
French Protectorate over Coast.
Has All to Gubbet-Guarab (see
France).
Great Britain and Socotra (see So-
cotra).
British Protectorate over Native
Tribes 83 1
British Protectorate. Has Jiburti
to Bunder Ziadeh 834
British and French Governments.
Spheres of Influence. Somali
Coast 834
British Jurisdiction over Somali
Coast 835
Groat Britain and Italy. Spheres
of Influence in Eastern Africa.
Somali. &c. (Sit* Great Britain
and Italy.)
831
1840-1889.] SOMALI COAST. [No. 178
[MuEsa. Bab. Zaila. Aubad.]
No. 178.— Notes on the SOMALI COAST. 1840-1889.
Cession of the Island of Mussa to Great Britain.
On the 19th August, 1840, a Treaty was concluded between
the East India Company and the Sultan of Tajourah, by which
the Sultan engaged not to enter into any Bond or Treaty with
any other Power which should prove detrimental or injurious to
British interests, and on the same day a Deed was signed by
which the Sultan acknowledged that he had sold the Island of
Mussa (or Mushah) to the British Government for " 10 bags of
rice "* (See FRANCE, p. 274) ; but by an exchange of Notes on
the g^- February, 1888, the British Government recognised
the protectorate of France over the group of the Mushah
Islands. (See APPENDIX.)
Cession of the Inland of Bab to Great Britain.
On the 27th August, 1840, the Sultan of Tajourah sold to the
British Government the Island of Bab, which was described in
the Deed as being an island " situated at the entrance of Gobet-
Coral," but it was never occupied by British troops, and is now
included in the French sphere of influence. (See FRANCE,
P. 274.)
By an exchange of Notes on the ^ February, 1888, the
British Government recognised the protectorate of France over
this island. (See APPENDIX.)
Zaila. Island of Aulad.
On the 3rd September, 1840, f a Treaty was concluded be-
tween the East India Company and the Governor of Zaila, by
which ho engaged, among other things, not to enter into any
Treaties with any other foreign Power, and ceded the Island of
Aubad or Efat to Great Britain. The following are extracts
from that Treaty : —
• S. P., vol. Ixi, p. 195 ; H. T., vol. xiii, p. 7.
f 8. P., vol. lx:, p. 197 ; H. T., vol. xiii, p. 9.
832
No. 178J SOMALI COAST. [3 Sept., 1840.
[Aubad. French Annexation.]
Non-conclurion of Treaties with Foreign Powers.
" III The Governor of Zaila engages not to enter into any
Treaty or Bond with any other European nation or person, or
allow other Europeans to Hettlo in liis territories, or pass through
in any numbers, without bringing the subject, in the first in-
stance, t » tin; notice of the British Government at Aden, so
that the same may be in no in-inner drf rimmfiil to his fri>
the English, or their commerce, in return for which tin; English
will do all in their power to assist the Governor of ZaiU in
improving his commercial resources.
" IV. Any subjects of either Power having committed crime
or offence are to be punished by their own laws and customs of
the countries they belong to.
Cession of Island of Aubad to Great Britain.
" V. Syud Mahomed Bar makes over the island, called
Aubad, near Zaila, to the English Government, for the harbour
of their ships and vessels without any prohibition whatever.
" We, Syud Mahomed Bar, Governor of Zaila, and Captain
Robert Moresby, of the Indian Navy, on the part of the
English Government of India, do ratify and agree to keep
faithfully the above Articles, that peace and friendship may be
lasting between us. In witness whereof we have sent our
names and seals."
Somali Coast.
On the 7th September, 1877,* an Agreement was entered"
into between the British and Egyptian Governments, by which
the former engaged to recognize the jurisdiction of the Khedive,
under the suzerainty of the Sublime Porte, over the Somali
Coast as far as Ras Hafoun, on certain specific conditions, but
these conditions have never been fulfilled. (See EGYPT, p. 260.)
France and Tajourah, fyc.
In 1884 France concluded Treaties of Cession and Protect io-i
with the Sultans of Gobad and Tajourah; and on the lltli
• II. T., vol. xviii, p. 359.
1884—1886.] SOMALI COAST. [No. 178
[British and French Spheres of Influence.]
February, 1885, it was notified to the Powers that France had
annexed the Dannkil and Somali Coasts from Ras Ali to Gubbet-
Guarab. (See FRANCE, p. 267.)
British Protectorate over Native Tribes.
Between 1884 and 1886, various Treaties were concluded
by the British Government with the Tribes on the Somali
Coast, by which they agreed (among other things) not to cede,
sell, mortgage, or otherwise give for occupation, save to the
British Government, any portion of their territory, and they
were placed under British Protection. The following is a list
of them* : —
Mijjertayn, 1st May, 1884.
Habr-Awal, 14th July, 1884.
Gadabursi, llth December, 1884.
Habr-Toljaala, 26th December, 1884.
Essa-Somal, 31st December, 1884.
Habr-Gerhajis, 13th January, 1885.
Warsangali, 27th January, 1886.
Habr-Toljaala, 1st February, 1886.
Habr. Gerhajis, 1st February, 1886.
Habr-Awal, 15th March, 1886.
Socotra.
On the 23rd April, 1886, a Treaty was concluded by Great
Britain with the Sultan of Socotra, by which Socotra and
its dependencies, lying off the north-east coast of Somali,
opposite to Cafe Guardafui, were placed under British Protec-
tion. (See SOCOTRA, p. 828.)
British and French Spheres of Influence.
On the 20th July, 1887, it was officially notified to the
Powers that, by Agreements with certain tribes on the Somali
Coast, a British Protectorate had been established from " Ras
Jiburti (or Raz Djeboutil) on the southern coast of the Bay of
* H. T., vol. iviii, pp. 68-79 ; 8. P., vol. hxvi, p. 99 ; and vol. Irxvii,
p. 1263.
834
No. 178] SOMALI COAST. [13 Dec., 1889.
[British Jurisdiction.]
Tajourah to Bunder Ziadeh, in the 49' meridian of east longitude
(Greenwich) " (see " Return," p. 47) ; and on the ^ February,
1888, an exchange of Notes took place between the British and
French Governments for defining their respective spheres of
influence on the Somali Coast (see APPENDIX 3, p. 976).
British Jurisdiction over the Somali Coast.
On the 13th December, 1889,* an Order in Council was
passed providing for the exercise of British jurisdiction on the
Somali Coast, which contained the following clause : —
" 3. — (I.) Subject as hereinafter provided, this Order shall
apply to the places and territories for the time being comprised
in the Protectorate of the Somali Coast, from Ras Jiburti on the
south coast of the entrance to the Bay of Tajourah, eastwards to
and including Bunder Ziadeh on the 49th meridian of longi-
tude east of Greenwich, as notified on the 20th July, 1887
(p. 834), in pursuance of the General Act of the Conference at
Berlin relative to the Congo, dated the 26th February, 1885
(No. 17), including such islands and territorial waters of the
said coast as are not expressly excluded from the said Protec-
torate."
But this Order in Council has not yet come into operation
(September, 1894).
British and Italian Spheres of Influence..
On the 5th May, 1894. an Agreement was signed between
the British and Italian Governments for defining their respec-
tive spheres of influence on the Somali Coast. (See GREAT
BRITAIN AND ITALY, p. 669.)
* E. T., TO!, xviii, p. 92.
835
SOUTH AFRICAN REPUBLIC
SOUTH AFRICAN REPUBLIC.
LIST OF TREATIES, Ac.
No.
179 1852—1890.
Notes
Page
On the South African Republic
(Transvaal) 839
17 Jan., 1862. Convention .... Great Britain. Recognition of In-
dependence of the Transvaal Boers 839
29 July, 1869. Treaty Portugal and Transvaal. Boundaries
Ac. (modified llth December,
1875) 840
17 Oct., 1871. Award Seat's Award. Bechuanaland Boun-
dary , 840
11 Dec., 1875. Treaty Portugal and Transvaal. Boundaries,
&c. (Ratified^ by Her Britannic
Majesty as Suzerain, 7th October,
1882) 840
12 Apr., 1877. Proclamation . . The Transvaal declared to be British
Territory 840
29 Sept., 1879. Proclamation . . The Trsnsvaal declared to be part
of Her Britannic Majesty's Do-
minions in South Africa 841
8 Nov., 1879. Letters Patent. . Executive Council and Legislative
Assembly for the Transvaal Pro-
vince 841
3 Aug., 1881. Convention .... Great Britain and Transvaal. Self-
(Pretoria) Government, subject to the
Suzerainty of Her Britannic
Majesty. Swaziland, &c. (Amend-
ed 27th February, 1884) 841
27 Feb., 1884. Convention .... Great Britain and Transvaal
(London) Boundaries. Swaziland, Ac 847
Feb. — Mar., Exchange of Ditto. Treaties between the Trans-
1884. Notes vaal and the Netherlands and
Portugal 857
17 May, 1884. Treaty South African Republic and Portu-
gal. Lorenzo-Marques Railway.
(See Portugal.)
6 Aug., 1885. Award ........ Orange Free State, S.W. Bound-
ary of S.A. Rcj-ublic 858
837
SOUTH AFRICAN REPUBLIC.
List of Treaties, &c.
No.
179 22 Oct., 1886. Agreement
— 30 July, 1887. Treaty
— 14 Sept., 1887. Treaty. . . .
~ June, 1888. Convention
24 July,
1890. Convention.
2 Aug.,
— 8 Nov., 1893. Convention
Pago
Great Britain and the New Repub-
lic. Boundary. Zululand 860
South African Republic and Mata-
beleland 861
Scuth African Republic and New
Republic. Union 862
Great Britain and South African
Republic. Union, New Repub-
lic with South African Republic.
(Supplement to Convention of
27th February, 1884.) 862
Great Britain and South African
Republic respecting Swaziland . . 868
Great Britain and South African
Republic. Termination of Con-
vention of 2nd August, 1890,
excepting Articles 10 and 24. • . . App.
[Not yet ratified, September,
1894.]
838
No. 179 J SOUTH AFRICAN REPUBLIC. [17 Jan., 1852.
[Trancvaal.]
No. 179.— NOTES on the South African
(Transvaal). 1852—1890.
Independence of the Transvaal Boert.
The Independence of the Transvaal Boers was recognized by
Great Britain by a Convention which was signed at Sand
River, on the 17th January, 1852,* between Her Majesty's
Commissioners for settling and adjusting the affairs of the
eastern and north-eastern boundaries of the Cape of Good
Hope, and a deputation from the emigrant farmers residing
north of the Vaal River.
The recognition was made in the following terms : —
"The Assistant Commissioners guarantee in the fullest
manner, on the part of the British Government, to the emigrant
farmers beyond the Vaal River, the right to manage their own
affairs, and to govern themselves, without any interference on
the part of Her Majesty the Queen's Government, and that no
encroachments shall be made by the said Government on the
territory beyond to the north of the Vaal River, with the fur-
ther assurance that the warmest wish of the British Govern-
ment is to promote peace, free trade, and friendly intercourse
with the emigrant farmers now inhabiting or who hereafter
may inhabit that country, it being understood that this system
of non-interference is binding upon both parties. Should any
misunderstanding hereafter arise as to the true meaning of the
words ' the Vaal River,' this question, so far as regards the
line from the source of that river over the Draakenberg, shall be
settled and adjusted by Commissioners chosen by both parties.
" Her Majesty's Assistant Commissioners hereby disclaim
all alliances whatever and with whomsoever of the coloured
nations north of the Vaal River."
This Convention (which related also to commerce, slavery,
and other matters) was approved and confirmed by a Proclama-
tion issued by Her Majesty's High Commissioner of the Cape
of Good Hope, on the 15th April, 1852.f
• S.P., vol. liv, p. 1112.
f This Proclamation was affirmed 24th June, 1852. 8.P., rol. lir, pp>
1114, 1115.
839
1858—1877,] SOUTH AFRICAN REPUBLIC. [No. 179
[Transvaal. Boundaries.]
Transvaal or South African Republic.
In February, 1858, the Transvaal territory became known
by the style and title of the South. African Republic.
Boundary between Portugal and the Transvaal.
On the 29th July, 1869,* a Treaty was concluded between
Portugal and the Transvaal, Article XXIII, § 23 of which de-
fined the boundaries of their respective States (No. 175).
Boundary between Bechuanaland and the Transvaal. Keat's
Aioard.
On the 17th October, 1871, Lieutenant-General Keate pro-
nounced his Award on the boundary line between the territory
of the Barolongs and Batlapins (in Bechuanaland) and the terri-
tory of the Transvaal, limited westward by the province of
Griqualand West and extending as far as white occupation,
whether on alleged Transvaal rights or otherwise, existed.
Modification of Boundaries between Portugal and the Transvaal.
On the llth December, 1875, f another Treaty was concluded
between Portugal and the Transvaal, by which their respective
boundaries were modified and defined. This latter Treaty was
eventually ratified by Her Britannic Majesty as Suzerain of the
Transvaal on the 7th October, 1882.
The Transvaal declared to be British Territory.
But. in the meantime, that is to say, on the 12th April,
1877J (between the date of the signature of this Treaty and its
ratification), a Proclamation was issued by Sir Theophilus Shep-
stone, Her Majesty's Special Commissioner for certain pur-
poses in South Africa, declaring the Transvaal to be British
territory.
After stating that the hopes and expectations upon which
the mutual compact of the 16th January, 1852, was reasonably
* S.P., Tol. liiii, p. 605.
t H.T., Tol. XT, p. 301.
J S.P., Tol. 68, p. 140.
840
No. 179] SOUTH AFRICAN REPUBLIC. [3 Aug., 1881.
[Great Britain and TrancvaaL]
and honourably founded, had been disappointed ; that numerous
addresses, memorials, and letters had been received, as well a«
abundant assurances given, that a large proportion of the in-
habitants of the Transvaal saw the urgency and imminence of
the circumstances by which they were surrounded, and the
ruined condition of the country, as the absence within it of any
element capable of rescuing it from its depressed and afflicted
. the Proclamation went on to declare that for these and
other reasons the South African Republic was, from that date,
British territory.
On the 29th September, 1879,* a Proclamation was issued by
the General and Commander-in-Chief in and over the Trans-
vaal territory (Sir Garnet J. (afterwards Lord) Wolseley),
declaring the territory of the Transvaal to be for ever an in-
tegral portion of Her Majesty's dominions in South Africa;
and, on the 8th November, 1879,f British Letters Patent were
issued for providing an Executive Council and a Legislative
Assembly for the Transvaal province or territory; bat in
December, 1880, war broke out between Great Britain and the
Transvaal, which lasted until the 21st March, 1881, when a
Treaty of Peace was signed.
Guarantee of Self-government to the Transvaal, subject to the
Suzerainty of Her Britannic Majesty.
On the 3rd August, 188 1,J a Convention was concluded at
Pretoria, between Commissioners appointed by Her Majesty
and representatives of the Transvaal burghers, guaranteeing,
on behalf of Her Majesty, complete self-government, subject to
the suzerainty of Her Majesty, to the inhabitants of the Trans-
vaal territory, upon certain terms and conditions, and subject
to certain reservations and limitations.
Boundaries.
The boundaries of the State were then described to be as
follows : —
• S.P., vol. IIT, p. 1258.
t S.P., vol. IK, p. 1259.
| S.P., vol. Ixxii, p. 900 ; H.T., vol. IT, n. 401.
841
3 Aug., 1881.] SOUTH AFRICAN REPUBLIC. fNo. 179
[Transvaal. Boundaries.]
"ART. I. The said territory, to be hereinafter called the
Transvaal State, will embrace the land lying between the
following boundaries, to wit. :
Grlqualand West.
" Beginning from the point where the north-eastern bound-
ary line of Griqualand West meets the Vaal River, up the course
of the Vaal River to the point of junction with it of the Klip
River ; thence up the course of the Klip River to the point of
junction with it of the stream called Gansvlei ; thence up the
Gansvlei stream to its source in the Drakensberg ;
Natal Boundary.
thence to a beacon in the boundary of Natal, situated imme-
diately opposite and close to the source of the Gansvlei stream ;
thence in a north-easterly direction along the ridge of the Dra-
kensberg, dividing the waters flowing into the Gansvlei stream
from the waters flowing into the sources of the Buffalo, to a
beacon on a point where this mountain ceases to be a continuous
chain ; thence to a beacon on a plain to the north-east of the last
described beacon ; thence to the nearest source of a small stream
called ' Division Stream '; thence down this division stream,
which forms the southern boundary of the farm Sandfontein,
the property of Messrs. Meek, to its junction with the Cold-
stream ; thence down the Coldstream to its junction with the
Buffalo or Umzinyati River ; thence down the course of the
Buffalo River to the junction with it of the Blood River ;
Zululand Boundary.
thence up the course of the Blood River to the junction with
it of Lyn Spruit or Dudusi ; thence up the Dudusi to its
source ; thence 80 yards to Bea. I, situated on the spur of the
N'Qaba-Ka-hawana Mountains ; thence 80 yards to the
N'Sonto River; thence down the N'Sonto River to its junction
with the White Umvulozi River ; thence up the White Utnvu-
lozi River to a white rock where it rises; thence 800 yards to
Kambula Hill (Bea. II) ; thence to the source of the Pemvana
842
No.179] SOUTH AFRirvN i;i !•( iii.ic. [3Aug.,1881.
[Transvaal. Boundaries.]
, where the road from Kambula Camp to Burgers' Lager
crosses; thence down the Pemvana River to its junction with
the Bivnna River; thence down the Bivana River to its junc-
tion with the Pongolo River ; thence down the Pongolo River
to where it passes through the Libombo Range ; tbence along
the summits of the Libombo Range to the northern point of
the N'Yawos Hill in that range (Boa. XVI) ;
Swaziland Boundary.
thence to the northern peak of the Inkwakweni Hills (Bea. XV) ;
thence to Sefunda, a rocky knoll detached from and to the north-
east end of the White Koppies, and to the south of the Mnzaua
River (Bea. XIV) ; thence to point on the slope near the crest
of Matanjeni, which is the name given to the south-eastern
portion of the Mahamba Hills (Bea. XIII) ; thence to the
N'gwangwana, a double- pointed hill (one point is bare, the
other wooded, the beacon being on the former), on the left
bank of the Assegai River and upstream of the Dadusa Spruit
(Bea. XII) ; thence to the southern point of Bendita, a rocky
knoll in a plain between the Little Hlozane and Assegaai
Rivers (Bea. XI) ; thence to the highest point of Suluka Hill,
round the eastern slopes of which flows the Little Hlozane, also
called Ludaka or Mudspruit (Bea. X) ; thence to the beacon
known as ' Viljoen's,' or N'Duko Hill ; thence to a point north-
east of Derby House, known as Magwazidili's Beacon ; thence
to the Igaba, a small knoll on the Ungwempisi River, also
called ' Joubert's Beacon,' and known to the Natives as
' Piet's Beacon ' (Bea. IX) ; thence to the highest point of the
N'Dhlovudwalili or Houtbosch, a hill on the northern bank of
the Umgwempisi River (Bea. VIII) ; thence to a beacon on
the only flat-topped rock, about 10 feet high, and about 30 yards
in circumference at its base, situated on the south side of the
Lamsamane range of hills, and overlooking the valley of the
great Usuto River ; this rock being 45 yards north of the road
from Camden and Lake Banagher to the forests on the Usuto
River (sometimes called Sandhlanas Beacon) (Bea. VII) ;
thence to the Gulungwana or Ibubulnndi, four smooth bare
hills, the highest in that neighbourhood, situated to the south
843
3 Aug., 1881.] SOUTH AFEICAN REPUBLIC. [No. 179
[Transvaal. Boundaries.]
of the TJmtuli River (Bea. VI) ; thence to a flat-topped rock,
eight feet high, on the crest of the Busuku, a low rocky range
south-west of the Impulazi River (Bea. V) ; thence to a low
bare hill on the north-east of, and overlooking the Impulazi
River, to the south of it being a tributary of the Impnlazi,
with a considerable waterfall, and the road from the river
passing 200 yards to the north-west of the beacon (Bea. IV) ;
thence to the highest point of the Mapumula range, the water-
shed of the Little Usutu River on the north, and the Umpu-
lazi River on the south, the hill, the top of which is a bare
rock, falling abruptly towards the Little Usuto (Bea. Ill) ;
thence to the western point of a double-pointed rocky hill, pre-
cipitous on all sides, called Makwana, its top being a bare rock
(Boa. II) ; thence to the top of a rugged hill of considerable
height, falling abruptly to the Komati River, this hill being
the northern extremity of the Isilotwani range, and separated
from the highest peak of the range Inkomokasi (a sharp cone)
by a deep neck (Bea. I). (On a ridge in the straight line be-
tween Beacons I and II is an intermediate beacon.) From
Beacon I the boundary runs to a hill across the Komati River,
and thence along the crest of the range of hills known as the
Makongwa, which runs north-east and south-west, to Kamhlu-
baua Peak ; thence in a straight line to Mananga, a point in
the Libombo range, and thence to the nearest point in the
Portuguese frontier on the Libombo range ;
Portuguese Boundary.
thence along the summits of the Libombo range to the middle of
the poort where the Komati River passes through it, called the
lowest Komati Poort ; thence in a north by easterly direction to
Pokioens Kop, situated on the north side of the Olifant's River,
where it passes through the ridges ; thence about north-north-
west to the nearest point of Serra di Chicundo ; and thence to
the junction of the Pafuri River with the Limpopo or Crocodile
River ;
Ma'abeleland Boundary.
thence up the course of the Limpopo River to the point where
the Marique River falls into it. Thence up the course of the
841
No.l79J SOUTH AFRli \s HI :i'i ISLIC. [3Aug.,1881.
[Transvaal. Boundaries.]
Mnriquo River to ' Derde Poort,' where it passe* through a
low range of hills, called Sikwanr, n beacon (No. 10) being
erected on the spur of said range near to, and westward of, the
bunks of the river; thence, in a straight line, through this
beacon to a beacon (No. 9), erected on the top of the same
range, a lion t 1,700 yards distant from beacon No. 10 ; thence,
in n straight line, to a beacon (No. 8) erected on the highest
point of an isolated hill, called Dikgagong, or ' Wildebeest
Kop,' situated south-eastward of, and about 3^ miles distant
from a high hill, called Moripe ; thence, in a straight line, to a
beacon (No. 7) erected on the summit of an isolated hill or
' koppie,' forming the eastern extremity of the range of hills
called Moshweu, situated to the northward of, and about two
miles distant from, a large isolated hill, called Chukudu-
Chochwa; thence, in a straight line, to a beacon (No. 6)
erected on the summit of a hill, forming part of the same range,
Moshweu; thence, in a straight line, to a beacon (X<>. 5)
erected on the summit of a pointed hill in the same range ;
Bechuanaland Boundary.
thence, in a straight line, to a beacon (No. 4) erected on the
summit of the western extremity of the same range ; thence, in
a straight line, to a beacon (No. 3) erected on the summit of
the northern extremity of a low, bushy hill, or ' koppie,' near
to and eastward of the Notwane River; thence, in a straight
line, to the junction of the stream called Metsi-Mashwane
the Notwane River (No. 2) ; thence, up the course of the
Notwane River to Sengoma, being the Poort where the river
passes through the Dwarsberg range ; thence, as described in
the Award given by Lieutenant-Governor Keate, dated October
17, 1871,* by Pitlanganyane (narrow place), Deboaganka or
Schaapkuil, Sibatonl (bare place), and Maclase, to Ramatla-
bama, a pool on a spruit north of the Molopo River. From
Ramatlabama the boundary shall run to the summit of an iso-
lated hill, called Leganka ; thence, in a straight line, pn>
north-east of a Native Station, near ' Bum-man's Drift,' on the
Molopo River, to that point on the road from Mosiega to the
* See p. 840.
845 3 o
3 Aug., 881.] S. AFRICAN REPUB. & OREAT BRIT. [No. 179
[Transvaal. Boundaries.]
old drift, where a road turns out through the Native Station to
the new drift below ; thence to ' Buurmaii's Old Drift ; '
thence, in a straight line, to a marked and isolated clamp of
trees near to and north-west of the dwelling-house of C. Austin,
a tenant on. the farm ' Vleifontsin,' No. 117 ;* thence, in a
straight line, to the north-western corner beacon of the farm
' Mooimeisjesfonfein,' No. 30; thence, along the western line
of the said farm ' Mooimeisjesfontein,' and in prolongation
thereof, as far as the road leading from ' Ludik's Drift,' on
the Molopo River, past the homestead of ' Mooimeisjesfontein,
towards the Salt Pans near Hart River ; thence, along the
said road, to a point thereon, eight miles north of the dwelling
of Gouws, at the Salt Pan ; thence, in a straight line, to a
point one mile due west of the more northerly Pan, measured
from its western edge ; thence, iu a straight line, to the most
westerly beacon of the farm Rietpan, No. 150 ; thence along
the line of the said farm to the drif tt)n the Hart River, near the
ruined house, known as ' Liebenberg's; ' thence down the Hart
River to the drift about two-and-a-half miles below Manusa and
opposite the dwelling-house of Theodor Doms ; thence, in a
straight line, to the summit of an isolated hill, known as
' Koppie Enkel,' situated between the Vaal and Hart Rivers,
and about 36 miles from Mamusa, and about 18 miles north of
the village of Christiana ;
Griqualand West ^Boundary.
thence, in a straight line, to that point on the north-east
boundary of Griqualand West as beaconed by Mr. Surveyor
Ford, where two farms, registered as Nos. 72 and 75, do meet,
abont midway between the Vaal and Hart Rivers, measured
along the said boundary of Griqualand West ; thence to the
first point where the north-east boundary of Griqualand West
meets the Vaal River."
*****
* An Agreement upon this subject was signed between Lieut.-Coloncl
Moysey, R.E., the Royal Commissioner appointed to beacon off the south-
west boundary of the Transvaal State, and the Boundary Chief Montsics, on
the 1st September, 1881.
846
No. 1791 Bt \KI;IC\\ I;KIM i; Feb., 1884.
[TranavaaL Boundaries.]
!•
A. i. XX I V. Tin: Independence of il -Inn the
boundary line of Sua/a'land, as indicated i of this Con-
\ i in ion, will bo fully recognized.
Convention of London (j '>rnary, 1884.
This Convention was ratified by tho Volksraad on tho 2oth
Obtobt-r, IS-il ; but it \\-as replaced by anotln ntion
which >• as signed at London on tho 27th rYbmary, 1884,*
between tho British High Commissioner in South Africa and
Governor of tho Cape of Good Hope, and Delegates from the
Transvaal State, iii which the south-western boundary of tho
State was amended, and other alterations made in the Conven-
tion of 3rd August, 1881.
The new Convention ran as follows : —
Preamble.
" Whereas the Government of the Transvaal State, through
its Delegates, consisting of Stephanus Johannes Paulus Kruger,
President of the said State, Stephanus Jacobus Du Toit, Super-
intendent of Education, and Nicholas Jacobus Smit, a member
of the Volksraad, have represented that the Convention signed
at Pretoria on the 3rd day of August, 1881 (page 84-1), and
ratified by the Volksraad of the said Stato on the 25th October,
1881, contains certain provisions -which are inconvenient, and
imposes burdens and obligations from which the said State is
desirous to be relieved, and that tho south-western boundaries
fixed by the said Convention should be amended with a view to
promote the peace and good order of th :te, and of the
countries adjacent thereto ; and wh-reas Her Majesty the Queen
of the United Kingdom of (Jreat Britain and Ireland, has been
pleased to take the said representations into consideration : Xow,
therefore, Her Majesty has been pleased to direct, and it is hereby
declared, that tho following articles of a new Convention, signed
on behalf of Her Majesty by Her Majesty's High Commissioner
in South Africa, the Right Honourable Sir Hercules r.eorgo
Robert Robinson, Knight Grand Cross of tho Most Dis-
• H.T., Tol. iTii, p. 12. S.P., TO!. Ixxv, p. 5.
847 3 o 2
27 Feb., 1884.] S. AFRICAN EEPUB. & GREAT RRIT. [No. 179
[Transvaal. Boundaries.]
tinguished Order of Saint Michael and Saint George, Governor
of the Colony of the Cape of Good Hope, and on behalf of the
Transvaal State (which shall hereinafter be called the South
African Republic) by the above-named Delegates, Stephanus
Johannes Paulus Kruger, StepLanus Jacobns Da Toit, and
Nicholas Jacobus Smit, shall, when ratified by the Volksraad of
the South African Republic, be substituted for the articles
embodied in the Convention of 3rd August, 1881 (p. 841) ;
which latter, pending such ratification, shall continue in full
force and effect.
Boundaries.
" ART. I. The Territory of the South African Republic will
embrace the land lying between the following boundaries, to
wit :
Griqualand West Boundary.
"Beginning from the point where the north-eastern boundary
line of Griqualand West meets the Vaal River, up the course of
the Vaal .River to the point of junction with it of the Klip
River ; thence up the course of the Klip River to the point of
junction with it of the stream called Gansvlei ; thence up the
Gansvlei stream to its source in the Drakensberg ;
Natal Boundary.
thence to a beacon in the boundary of Natal, situated immedi-
ately opposite and close to the source of the Gansvlei stream ;
thence in a north-easterly direction along the ridge of the
Drakensberg, dividing the waters flowing into the Gansvlei
stream from the waters flowing into the sources of the Buffalo,
to a beacon on a point where this mountain ceases to be a con-
tinuous chain; thence to a beacon on a plain to the north-
east of the last-described beacon ; thence to the nearest source
of a small stream called ' Division Stream ;' thence down this
division stream, which forms the southern boundary of the
farm Sandfontein, the property of Messrs. Meek, to its junction
with the Coldstream ; thence down the Coldstream to its junc-
tion with the Buffalo or Umzinyati River ; thence down the
course of the Buffalo River to the junction with it of the Blood
River ;
848
Map showing the boundaries of
THE SOUTH AFRICAN REPUBLIC
As defined by Art. 1 of the Convention
of 27th February, 1884.
25°
26°
27'
28"
27
28
SHOWING THE BOUNDARIES OF THE
SOUTH AFRICAN REPUBLIC
AS DEFIN ED BY
Article 1 of the Convention of London
dated, February 27* 1884
BOUNDARY BY RIVER, ROAD, on A RED LINE
O 10 20 80 *0 ijO tp TO gg
o r 1 Inch = 51 % Sit
25'
Long 26° E. of Gr. 27°
See also Boundary Conventions of .
Notes on> SwouzLLow/L, p. 903, and
. '••'•• ',: ••"
24 July -2 August 1890\
of 10 December 1894-. I
srwfeweS Gfo& isw. IOHOOH
Map showing the boundaries of
THE SOUTH AFRICAN REPUBLIC
As defined by Art. 1 of the Convention
of 27th February, 1884.
No. 179] S. AFRICAN a KIM i: A UKKAI i:i:rr. 27 Feb., 1884.
[Transvaal. Boundaries.]
Boti)nl<trt/.
up the course of the Blooil IJivi-r to the jnu.
with it of Lyn Sprait or Diulusi , thence up the Dudnsi to its
somro; thence 80 yards to Boa. I, situated on a spur
of the N'Qaba-Ka-hawana Mountains; thence 80 yards to thr
N'Sonto River; thence down the N'Sonto River to its junc-
tion with the White Uinviilo/i River; thence up the White
Umvulozi River to a white rock wher ; thence 800
yards to Kambula Hill (Boa. II) ; thence to the source of
the Pemvana River, where the road from Kambula Camp to
Burgt-rs' l-a-vr crosses; thence down the Pemvana River to its
junction with the Bivana River; thence down the Bivana
River to its junction with the Pongolo River ; thence down the
Pongolo River to where it passes through the Libombo Range ;
thence along the summits of the Libombo Range to the
northern point of the N'Yawos Hill in that range (Bea. XVI) ;
Swaziland Boundary.
thence to the northern peak of the Inkwakweni Hills (Bea.
XV); thence to Sefunda, a rocky knoll detached from and to
the north-east end of the White Koppies, and to the south of
the Musana River (Bea. XIV) ; thence to a point on the slope
near the crest of Matajeni, which is the name given to the
south-eastern portion of the Mahamba Hills (Bea. XIII) ;
thence to the N'gwang\van;i. a double-pointed hill (one point is
bare, the other wooded, the beacon being on the former), on the
left bank of the Assegai River and upstream of the Dadu-a
Spruit (Bea. XII) ; thence to the southern point of Bendita. ;i
rocky knoll in a plane between the Little Hlozane and Assegai
Rivers (Bea. XI) ; thence to the highest point of Suluka Hill,
round the eastern slopes of Avhich flows the Little Hlozane.
called Ludaka or Mudspruit (Bea. X) ; thence to the beacon
known as ' Viljoen's,' or N'Duko Hill ; thence to a point
north-east of Derby House, known as Magwazidili's Beacon ;
thence to the Igaba. a small knoll on the Ungwempisi River,
also called 'Joubert's Beacon,' and known to the natives as
4 Piet's Beacon ' (Bea. IX) ; and thence to the highest point of
849
27 Feb., 1884.] S. AFEICAX EEPUB. & GEEAT BEIT. [No. 179
[Transvaal. Boundaries.]
the N'Dhlovudwalili or Houtbosch, a hill on the northern bank
of the Umqwempisi River (Bea. VIII) ; then to a beacon on the
only flat-topped rock, about 10 feet high and about 30 yards in
circumference at its base, situated on the south side of the
Lamsamane range of hills, and overlooking the valley of the
Great Usuto River; this rock being 45 yards north of the road
from Camden and Lake Banagher to the forests on the Usuto
River (sometimes called Sandhlanas Beacon (Bea. VII) ; thence
to the Gulungwana or Ibubulundi, four smooth bare hills, the
highest in that neighbourhood, situated to the south of the
Umtuli River (Bea. VI) ; thence to a flat-topped rock, 8 feet
high, on the crest of the Busuku, a low rocky range south-wesfc
of the Impulazi River (Bea. V) ; thence to a low bare hill on
the north-east of, and overlooking the Impulazi River, to the
south of it, being a tributary of the Impulazi, with a consider-
able waterfall, and the road from the river passing 200 yards to
the north-west of the beacon (B?a. IV); thence to the highest
point of the Mapumula range, the watershed of the Little
Usuto River, on the north, and the Umpulazi River on the
south, the hill, the top of which is a bare rock, falling abruptly
towards the Little Usuto (Bea. Ill); thence to the western
point of a double-pointed rocky hill, precipitous on all sides,
called Makwana, its top being a bare rock (Bea. II); thence to
the top cf a rugged hill of considerable height falling abruptly
to the Komati River, this hill being the northern extremity of
the Isilotwani range, and separated from the highest peak of
the range Inkomokazi (a sharp cone) by a deep neck (Bea. I).
(On a ridge in the straight line between Beacons I and IT is an
intermediate beacon.) From Beacon I the boundary runs to a
hill across the Komati River, and thence along the crest of the
range of hills known as the Makongwa, which runs north-east
and south-west, to Kamhlubana Peak ; thence in a straight line
to Mananga, a point in the Libombo range, and thence to the
nearest point in the Portuguese frontier on the Libombo range.
Portuguese Boundary.'
thence along the summits of the Libombo range to the middle
of the poort where the Komati River passes through it, called
850
No. 179 j > \n:ir\\ 1:1 rt n | UIIKVT ninr 27 Feb., 1884.
[Transvaal. Boundaries.]
the lowest Kom-iti Poort ; th.-nc.- in a north by easterly-:
tiou to I'okio, 'iis Kop, situut'-d on th. ;.|c of the Olifiint's
Kivrr. uhrtv it passes through the ri'ltrc- ; thenCO about north-
north-wi'st to the nearest point of SI-ITU di Chicundo; and
thence to tin- junction of the Pufoi i Kivi-r with the Limpopo or
•ilili- Iviver ;
thence up the course of the Limpopo River to the point
where the Marique River falls into it. Thence up the course
of the Mariquo River to ' Derde Poort,' -where it passes
through a low range of hills, called Sikwane, a beacon (No. 10)
being ereeted on the spur of said range near to, and westward
of, the banks of the river ; thence in a straight line, through
this beacon to a beacon (No. 9), erected on the top of the same
range, about 1,700 yards distant from beacon No. 10; thence in
a straight line to a beacon (No. 8) erected on the highest point
of an isolated hill, called Dikgagong, or ' Wildebeest Kop,'
situated south-eastward of, and about 3£ miles distant from a
high hill, called Moripe; thence, in a straight line, to a beacon
(No. 7) erected on the summit of an isolated hill or ' koppie '
forming the eastern extremity of the range of hills called
Moshweu, situated to the northward of, and about 2 miles
distant from, a large isolated hill called Chukndu-Chochwa ;
thence, in a straight line to a beacon (No. 6) erected on the
summit of a hill forming part of the same range Moshweu ;
thence, in a straight line, to a beacon (No. 5) erected on the
summit of a pointed hill in the same range ;
Bechuanaland Boundary.
thence, in a straight line, to a beacon (No. 4) erected on the.
summit of the western extremity of the same range; thence, in
n straight lim-, to a beacon (No. 3) erected on the summit of tho
northern extremity of a low bushy hill, or ' koppie^' near to and
eastward of the Notwane River ; thence, in a straight line, to
the junction of the stream called Metsi- Mush wane with tho
Notwaue River (No. 2) ; thence up the course of the Notwano
River to Sengoma, being the poort where the river passes
through the Ihvarsberg range; thence, as described in the
27 Feb., 1884.] s. AFRICAN REPUB. & GREAT BRIT. [No. 179
[Transvaal. Boundaries.]
award given by Lieutenant- Governor Keate, dated October 17,
1871 (see p. 840), by Pitlanganyane (narrow place), Deboaganka
or Schaapkuil, Sibatoul (bare place), and Maclase, to Ramatla-
bama, a pool on a spruit north of the Molopo River. From Ram-
atlabania the boundary shall run to the summit of an isolated
hill, called Leganka ; thence in a straight line, passing north-
east of a native station, near ' Buurman's Drift,' on the
Molopo River, to that point on the road from Mosiega to the
old drift, where a road turns out through the native station to
the new drift below ; thence to ' Buurman's Old Drift ;' thence,
in a straight line, to a marked and isolated clump of trees near
to and north-west of the dwelling-house of C. Austin, a tenant
on the farm ' Vleifontein,' No. 117; thence, in a straight
line, to the north-western corner beacon of the farm ' Mooi-
meisjesfontein/ No. 30 ; thence, along the western line of the
said farm. ' Mooimeisjesfontein,' and in prolongation thereof, as
far as the road leading from ' Ludik's Drift,' on the Molopo
River, past the homestead of ' Mooimeisjesfontein,' towards
the Salt Pans near Harts River ; thence along the said road,
crossing the direct road from Polfontein to Sehuba, and until
the direct road from Polfoutein to Lotlakane or Pietfontein is
reached; thence, along the southern edge of the last-named
road towards Lotlakane, until the first garden ground of that
station is reached ; thence, in a south-westerly direction, skirt-
ing Lotlakane, so as to leave it and all its garden ground in
native territory, until the road from Lotlakane to Kunana is
reached; thence along the east side, and clear of that road
towards Kunana, until the garden grounds of that station are
reached ; thence skirting Kunana, so as to include it and its
garden ground, but no more, in the Transvaal, until the road from
Kunana to Mamusa is reached ; thence along the eastern side and
clear of the road towards Mamusa, until a road turns out towards
Taungs ;
Stellaland.
thence, along the eastern side and clear of the road towards
Taungs, till the line of the district known as ' Stella-
land' is reached, about 11 miles from Taungs; thence, along
the line of the district Stellaland to the Harts River, about 24
852
Nc.179] s. \IKIC\N KI ri i;. A »si:i :\ i BB1T. 27 Feb., 1884.
[Transvaal. Boundaries]
miles below Mamusa; thence, across Ha to tin:
tion of the minis from Mont I it; ami I'hokw..
the western side and clear of the nearest ruml towards ' K
Knkel,' an isolated hill about :>i> milc.s from Mainusn,
about 18 miles north of Christiana, and to the summit of the
said hill ; theinv, in u straight line to (hut point, on the north-
east boundary of ( ! ri([ualand We.st, as beaeoned l>v Mr. Surveyor
Ford, where two farms, ivgisti-ivd as Nos. 72 and 7"', do i
about midway between the \'aal and Halts Rivers, men-
along the said boundary of Ghriqnaland West; thence to the
fh-st point where the north-east boundary of Griqualand West
meets the Vaal River.
Prevention of Encroachments upon Lands beyond the Boundaries.
"Aur. II.* The Government of the South African Republic
will strictly adhere to the boundaries defined in the L-t Article
of this Convention, and will do its utmost to prevent any of
its inhabitants from making any t niToachments upon lands
beyond the said boundaries.
Commissioners to be appointed on Eastern and Western
Borders.
" The Government of the South African Republic will appoint
Commissioners upon the eastern and western borders, whose
duty it will be strictly to guard against irregularities and all
trespassing over the boundaries. Her Majesty's Government
will, if necessary, appoint Commissioners in the native terri-
tories outside the eastern and western borders of the South
African Republic, to maintain order and prevent encroach-
ments.
Amended South- West Boundary to be beaconed off.
" Her Majesty's Government and the Government of the
South African Republic will each appoint a person to proceed
together to beacon off the amended south-west boundary as
described in Article I of this Convention ;f and the President
• Amended by Convention of 8th November, 1893. (Xot yet ratified,
September, 189 k)
t Sec Award, 5th August, 1885, p. 858.
853
27 Feb., 1884.] S. AFRICAN REPUB. & GREAT BRIT. [No. 179
[Transvaal. Boundaries.]
of the Orange Free State shall be requested to appoint a referee
to whom the said persons shall refer any questions on which
they may disagree respecting the interpretation of the said
Article, and the decision of such referee thereon shall be final.
Barolony Water Supply.
" The arrangement already made, under the terms of Article
XIX of the Convention of Pretoria, of the 3rd August, 1881
(p. 841), between the owners of the farms Grootfontein and
Valleifontein, on the one hand, and the Barolong authorities
on the other, by which a fair share of the water supply of the
said farms shall be allowed to flow undisturbed to the said
Barolongs, shall continue in force.
Protection and Assistance to lie afforded to British llesident.
" ART. III. If a British, officer is appointed to reside at Pre-
toria, or elsewhere within the South African Republic, to
discharge functions analogous to those of a Consular officer, he
will receive the protection and assistance of the Republic.
Approval by Her Majesty of any Treaties made by the Repiiblic
n'ith other Nations than the Orange Free State.
" ART. IV.* The South African Republic will conclude no
Treaty or engagement with any State or nation other than the
Orange Free State, nor with any native tribe to the eastward or
westward of the Republic, until the same has been approved by
Her Majesty the Queen.
" Such approval shall be considered to have been granted if
Her Majesty's Government shall not, within six months after
receiving a copy of such Treaty (which shall be delivered to
them immediately upon its completion), have notified that the
conclusion of such Treaty is in conflict with the interests of
Great Britain, or of any of Her Majesty's Possessions in South
Africa.
* See Exchange of Notes, 2£o£SlSS! 1884' ?• 857< For Commercial
Treaty between South African Republic and Italy, 6th October, 1886, see
S.P., vol. Ixxyii, pp. 594, 597.
854
No. 179. > \riMi-.\\ 1:1111: ;i 27Feb.,1884.
[Transvaal. Boundaries.]
Liillllttij of h''j,Huli< htt.
•• A: i. V. The Smith African Republic \\ill lie li:il»le for any
balance which may Mill remain ilut- of the debt.-, for which it
was liaUc at the date of ann»-.\at ion, to wit, tl
mercial Hank Loan, the Railway Loan, nml tin- ( )rphan Chamber
Drlit, which debts will he a iiiM charge upon th
the Republic.*
Liability of Jii'pi'lilic t<> UritifJt (iurt rnnic«l f»r ,L'J
" The South African Republic will, moreover, be liable to :
MiijeMv's Government for £250,001), which will be a 8t
charge upon the revenues of the Republic.
liiti-rest payable on ! >t ///.-•.
" Aur. VI. The debt due as aforesaid by the South African
Republic to Her Majesty's Government will bear interest at the
rate of 3^ per cent, from the date of the ratiBcation of thi>
Convention, and shall be repayable by a payment for interest
and sinking fund of six pounds and ninepence per £100 per
annum, which will extinguish the debt in -^ years. The said
payment of six pounds and ninepence per £100 shall be payable
half-yearly, in British currency, at the close of each half year
from the date of such ratification : Provided always that the
Soiith African Republic shall be at liberty at the close of any
half year to pay off the whole or any portion of the outstanding
debt.
" Interest at the rate of 3£ per cent, on the debt as standing
under the Convention of Pretoria shall, as heretofore, be paid
to the date of the ratification of this Convention.
" ART. VII. — Rights of Persons and Property.
\RT. VIII. — Slavery not to be toli-mlrd in th< Kt i>nll!c.
" AET. IX. — Religions Liberty.
"ART. X. — Care and Preservation of Cemeteries.
Land Grants issued outside //«• defuu'd Boundary.
"ART. XI. All grants or titles issued at any time by the
Transvaal Government in respect of land outside the boundary
* Sec Convention, Great lii-itain and South Afrio.in Republic.
•Jnd August ,
1890, p. 868.
27 Feb., 1884.] s. AFRICAN EEPCB. & GEEAT BRIT. [No. 179
[Transvaal. Swaziland.]
of the South African Republic, as do fined in Article I, shall be
considered invalid and of no effect, except in so far as any such
grant or title relates to land that falls within the boundary of
the South African Republic ; and all persons holding any such
grant so considered invalid and of no effect will receive from
the Government of the South African Republic such compensa-
tion, either in land or in money, as the Volksraad shall deter-
mine. In all cases in which any Native Chiefs or other
authorities outside the said boundaries have received any
adequate consideration from the Government of the South
African Republic for land excluded from the Transvaal by
Article I of this Convention, or where permanent improvements
have been made on the land, the High Commissioner will
recover from the native authorities fair compensation for the
loss of the land thus excluded, or of the permanent improve-
ments thereon.
Independence of Swaziland.
"ART. XII.* The independence of the Swazis, within the
boundary line of Swaziland, as indicated in Article I of this
Convention, will be fully recognized.
" ART. XIII. — Import Duties. Prohibitions. Most-favoured-
nation Treatment. Special Commercial Arrangements may be made
between the South African Republic and any of Her Majesty's
Colonies or Possessions.
"ART. XIV. Right of Foreigners to travel and reside in the
Republic, to possess Houses, and to Trade, on payment of Taxes
paid by Natives.
" ART. XV. Exemption of Foreigners from Military Service.
" ART. XVI. Extradition of Criminals.
"ART. XV EL Debts.
" ART. XVIII. Land Grants.
"AKT. XIX. Freedom of Natives to acquire Land; Native
Locations; Access to Courts of Law ; Passports, 8fc.
" ART. XX. Convention to be ratified."*
* Amended by Convention of 8th November, 1893. (Jfot yet ratified,
September, 1894.)
856
No. 179] S. AFRICAN i; i IM .\TI:KM 3rd Mar., 1884.
[Transvaal Treaties. 1
Kxi UANGE OF NOTES. C»n<l / l/i>:
i'! tin Xi-t!<i-rl>',i>l*. «,i>l /'«,-//' ' •// —
/. 1884.
(1.) 77, ,1'n.n I,, 11, : i Derby.
-My Lord, Ml,. „„//•/, •//../»•/, 'lit I y, 1884.
AlMhM I of the new Convention aut in .ri-e., I he South
African Republic- to niter into Treaties witli i >\vcrK
subject to the approval of Her British Majesty. Like the
whole Convention, thia provision also will come into operation
after the ratification by the Volksraail.
Bat there is a special reason why it should be very gratify-
ing to us if we could at once avail ourselves of this new provi-
sion. The Deputation pi-oceeds to the Netherlands and to
Portugal, as your Lordship is aware, to settle financial and
railway matters. As the State President is himself at the head
of the Deputation, a peciiliarly favourable opportunity now
offers itself to the Republic, to treat with the said powers on
commercial and other interests.
The Deputation relying on your Lordship's kindness, has
the honour herewith to request that the provision contained in
Article 4 may be considered now already in operation, so that
the Deputation may proceed to conclude treaties, subject to Her
Majesty's approval.
We have, &c.,
S. 3. P. KRUGER.
S. J. DU T01T.
N. J. SMIT.
The Earl of Derby.
(2.) The Earl of Derby tr> the Transvaal Deputation.
Gentlemen, Downing Street, 3rd March, 1884.
I HAVE the honour to acknowledge the receipt of your letter
of the 27th February requesting that you may, during your
visits to the Netherlands and to Portugal, avail yourselves of
the provisions of the 4th Article of the new Convention, not-
withstanding that, pending the ratification of the Convention
by the Volksraad of the South African Republic, that article,
with the others, is not at present in operatkn.
857
5 Aug., 1885.] S. AFRICAN REPUB. & GREAT BRIT. [No. 179
[Transvaal. S.W. Boundary.]
Her Majesty's Government will gladly assist, as far as they
nviy properly do so, in removing any obstacles to the transac-
tion of the business which you have in view, and they readily
consent to waive those provisions of the Convention of Pretoria
(3rd August, 1881, p. 841) which reserve to Her Majesty the
conduct of the diplomatic intercourse of your State with
Foreign Powers. You will therefore bo at liberty to treat
personally with the Governments of the Netherlands and of
Portugal in respect of these commercial and other interests to
which you allnde.
If it should appear to you desirable for any reason that a
treaty, the terms of which you may be prepared, and may have
the power, to agree to on behalf of the South African Republic,
should be completed before the new Convention has been
ratified by your Volksraad, Her .Majesty's Government would
be willing (provided that it contains nothing in conflict with
British interests) to conclude it in the name and on behalf of
the Transvaal State, as provided in Article II of the Conven-
tion of Pretoria,* that being the only manner in which it could
acquire validity. There is no other mode in which a treaty
could be lawfully concluded during the period which must in-
tervene before the ratification of the new Convention; but Her
Majesty's Government have pleasure in leaving all preliminary
negotiations in your hands.
I have, &c.,
DERBY.
His Honour the President of the
South African Republic, and
Messrs. Du Toit and Smit.
Award. South West Boundary of the South African Republic.
On the 5th August, 1885,t the Referee appointed by the
* Treaty, 3rd August, 1881, Art. II. " Her Majesty reserves to herself,
her heirs and successors .... the control of the external relations of
the said State, including the conclusion of treaties, and the conduct of
diplomatic intercourse with Foreign Povvors, suc'.i intercourse to be carried
on through Her Majesty's Diplomatic and Consular Officers abroad." H.T.,
vol. xv, p. 405.
t H.T., vol. xvii, p. 34 ; S.P', vol. Ixxvi, p, 991.
858
No. 179! s. \ri:ir\N i;i:ri it A*:III.\I i;i:.i r) Aug., 1885.
[Transvaal. S.W. Boundary.]
President of the Oraii-. Con-
vention between Great Britain and i
«>!' 'J7tli Fcliru-iry. l~--l, re>|H'(rtiii'_r t:ie 8<ml
of tin- South African Boundary, pr.ui
.\\vai-.l:
"Whereas il i.- vtipulatcl by Ar.idc 11 ol :•. Convention
betw -n of the Un.
Great Britain a:nl Inland and tin- South
I in L iiidoii on the L'Tth day •
Kepre.seiit-i: i vr> <>f t he resnect i ve ]>arth'> I . il. :,:ion,
that ' Her MM jex'y's < iovernnient and tin; South Afr
public will each appoint a person to proceed together to beacon
off the amended south-west boundary as described in Article I
of this Convention, and the President of the Orange !•'•
shall be requested to appoint a Referee, to whom tli<
persons shall refer any questions on which they may di-
respecting the inf .Tptvtation of the said Article,' aud that. ' tho
decision of such ileferoe shall be final ;'
"And whereas Her Majesty's Government did appoint
Captain Claude Reignier Conder, R.E., and the Government of
the South African Republic did appoint Tielmun Kiendodt do
Villiers, Esq., as such persons to proceed together to beacon off
the said amended south-west boundary;
" And whereas thereafter the President of the Orange I
State, being thereunto requested, did on the ."t'i day of .June,
1885, appoint Meluis de Villiers, one of the Judges of the Higli
Court of Justice of the Orange Free State, to be such Referee
as aforesaid ;
" And whereas the before-mentioned Captain Claude
Reignier Conder, R.E., and Tielman Nienwoudt de Villiers,
l^ij., did refer to the said Referee the following question on
which they disagree respecting the interpretation of Article I
of the said Convention, namely, what extent of ground to tin-
•west of the roads from Lotlakana to Kunana, and from Kunana
to Taungs, as such roads have been accepted and agreed upon
by the Commissioners of the Governments of Her Majesty and
of the South African Republic respectively, was intended to bo
included in the South African Republic by tin words ' skirting
859
22 Oct., 1886.] S. AFEICAN EEPUB. & GEEAT BEIT. [No. 179
[Boundary. New Republic and Zululand.]
Kunana so as to include it and all its garden ground, but no
more, in the Transvaal ;'
" Now therefore I, the said Referee, do hereby decide and
declare that the said words denote the ground included between
the said roads and the following boundaries, namely, a straight
line from a point on the road from Lotlakana to Kunana, as
accepted and agreed upon by the respective Commissioners
before-mentioned, 1 mile south-west of the point where that
road crosses the ' spruit ' known as ' Tlakayeng ' to a point on
the ' kopje ' immediately behind Batubatu's kraal where the
line next to be mentioned reaches the summit of that ' kopje '
thence a straight line to a point 200 yards north-west of an
isolated hut whereof compass observations were taken by the
British Commissioner in the presence of the Referee and of the
Commissioner of the South African Republic, this straight line
passing immediately behind the huts of Batubatu's kraal so as
to exclude them from the South African Republic ; next a
straight line from the said point 200 yards from the said hut
to the north-western corner of Ramatlane's garden, of which
similar observations were taken ; thence a straight line skirting
the western side of the garden to its south-western corner, that
point being very neai'ly magnetic north of a * kopje,' being the
northernmost of three ' kopjes ' forming the termination of a
range of hills which is crossed by the road from Kunana to
Marebogo, about 6 miles from the former place ; next a straight
line from the said south-western corner of Ramatlane's garden
to the summit of the said ' kopje ' ; thence a line along the
ridge of the said range of hills to the point where the hill is
crossed by the road last mentioned;
" Dated at Kunana, this 5th day of August, 1885.
"MELUIS DE VILLIERS."
Boundai'y between the Neiv Republic and Zululand.
On the 22nd October, 1886,* an Agreement was signed
between Great Britain and the New Republic, in which the
Boundary between the New Republic and Zululand was thus
denned : —
* S.P., vol. Ixxvii, p. 1280. H.T., vol. xviii, p. 100.
860
No. 179] 8. AFRICAN KKITM. A <;i:r\T BRIT. (30 July, 1887.
[Boundary. New Republic and Zululand.]
" ART. T. It is agreed that a line of >]• -mim ation bo drawn
between the territory t.i remain in oeeuput ion and possession of
the setilers of (he New Republic in Xuliiland and the territory
to be left in the undisturbed occupation and possession of tho
Xulu nation. This line to be as follows : —
" Beginning from (ho wagon drif( where the road from tho
Inkandula Mountain crosses the Umhlatnzi River;
" Thence along the wagon road to the Ulundi Drift over (ho
White Umfolozi River;
" Thence following the south bank of tho White Umfolo/.i
River upwards In Beacon No. 1 of the line of the 'second in-
spection ' ;
" Thence to Beacon No. 2 on the Idhlebe Hill ;
" Thence to Beacon No. 3, called the Ceza, on the Impem-
beni Mountains ;
" Thence to Beacon No. 4 of the line of the ' second inspec-
tion ' ;
" Thence to (he nearest source of the Impalaza Spruit;
" Thence down the north bank of the Impalaza Spruit to its
junction with the Umkuzana Spruit ;
" Thence down the north bank of the Umkuzana Spruit to
its junction with the Umkuzi River ;
" Thence down the north bank of the Umkuzi River to the
Poort where it passes through the Libombo Mountains ;
" Thence along the watershed of the Libombo Mountains to
the Pongolo River Poort."
South African Eepublic and Matabeleland.
On the 30th July, 1887, a Treaty was concluded between
the South African Republic and Lo Bengula, paramount Chief
of Matebeleland.
By Article I it was agreed that there should be between
both parties a perpetual peace and friendship, and that no viola-
tion of territory on either side should take place.
By Article II the Chief Lo Bengula was acknowledged to
be an independent Chief, and an ally of the South African
Republic.
B61 3 p
20 June, 1888.] S. AFRICAN EEPUB. & NEW REPUB. [No. 179
[Boundary.]
Union. South African Republic and the New Republic.
On the 14th September, 1887,* a Tieaty of Union, under the
name of the " South African Republic," was signed between
the South African Republic and the New Republic and ratified
on the 2nd July, 1888 ; and on the iith June, 1888, f the follow-
ing Convention was signed between Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland and the South
African Republic and ratified on the 28th June, 1888.
Whereas, on or about the 14th day of September, 1887, a
certain Treaty of Union was signed and executed by His
Honour Stephanus Johannes Paulus Kruger, State President of
the South African Republic, and the Honourable Willem
Eduard Bok, State Secretary of the said Republic, as represen-
tatives of the Volksraad and Government of the said Republic,
of the one part, and Mr. Lucas Johannes Meyer and Mr.
Philippus Rudolph Spies, as representatives of the Volksraad
and Government of a certain community therein styled the New
Republic, of the other part, which Treaty of Union has not
hitherto been completed and ratified by the Volksraads of the
South African Republic and of the said community ; and
whereas by the fourth article of a Convention duly made and
entered into on the 27th day of February, 1884 (p. 847), by
and between Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland and the South African Republic,
commonly called the Convention of London, the South African
Republic did covenant and agree not to conclude any treaty or
engagement with any State or nation other than the Orange
Free State, until the same has been approved of by Her
Majesty the Queen ; and whereas Her Majesty the Queen has
been pleased to accord Her approval to the said Treaty of
Union, when completed and ratified by the aforesaid Volksraads
in manner hereinafter set forth, provided this present Conven-
tion shall be duly executed, completed, and ratified by and
between Her Majesty the Queen and the Government and
Volksraad of the South African Republic; and whereas it is
expedient and necessary in and by this Convention to add
* H.T., vol. xriii, p. 108. S.P., vol. Ixxviii, pp. 830, 833.
t H.T., Tol. nviii, p. 113. S.P., vol. Ixxviii, p. 869.
862
No. 179] 8. AFRICAN REPUB. & NEW RBPUB. [20 June, 1888.
[Boundary.]
rrrtain clauses to the definition of the boundarioB of the South
African Ke|»ublic, as set forth in the first article of the Conven-
tion of London, and to provide for a renunciation by the
( !nvi -i •iiniciil of (ho South African Republic on behalf of the
~-aid Republic ; and of the said community the territory whereof
will, 1)\ flu- said Treaty of Union, bo incorporated with and into
(he said Republic of all claims which heretofore the Govern-
ment of the said community may have advanced to exorcise a
Protectorate over the whole or any portion of the territory
known as Zululand, and now annexed to and forming portion
of I for Majesty's dominions; and whereas it is also expedient
and necessary to make suitable provision for the proper care
and preservation of the graves of certain Zulu Chiefs, which
graves are situated within the boundaries hereinafter defined
as including portion of the territory of the South African Re-
public :
Now, therefore, Her Majesty the Queen has been pleased to
direct, and it is hereby declared, that the following articles of a
new Convention, signed on behalf of Her Majesty by Her
Majesty's High Commissioner in South Africa, the Right
Honourable Sir Hercules George Robert Robinson, Knight
Grand Cross of the Most Distinguished Order of Saint Michael
and Saint George, Governor of the Colony of the Cape of Good
Hope, and on behalf of the South African Republic by His
Honour Stephanus Johannes Paulus Kruger, State President
of the suid Republic, shall, as and from the date of the taking
effect thereof, be deemed and taken to constitute a binding
Treaty and engagement between Her Majesty the Queen and
the South African Republic, and shall be read and construed in
supplement of and together with the Convention of London
aforesaid.
ART. I. This Convention shall not take effect or come into
force unless and until —
(a.) It shall have been duly completed and ratified by the
Volksraad of the South African Republic,* and
(6.) The Treaty of Union signed and executed as aforesaid
on the 14th day of September, 1887, shall have been completed
* Ratified 2nd July, 1888.
863 3 P 2
20 June, 1888.] s. AFRICAN EEPUB. & NEW REPUB. [No. 179
[Boundary.]
and ratified by the Volksraad of the South African Republic,
and by the Volksraad of the community styled in the said
Treaty of Union " the New Republic ; " unless such completion
and ratification of this Convention and of the said Treaty of
Union shall have taken place within six months from the date
of execution hereof, this Convention shall become null and void
to all intents and purposes.
Boundaries.
ART. II. The territory of the South African Republic shall,
in addition to the territory defined in the first article of the
Convention of London, 27th February, 1884 (p. 847), embrace
and include all land lying between Ihe following boundaries
to wit, —
Beginning from the point where the Pongolo River passes,
through the Libombo range below Beacon XXXI, hereinafter
described
Thence up the Pongolo River to its junction with the Bivana
River ;
Thence up the Bivana River to its junction with the Pen-
wana River ;
Thence up the course of the Penwana River to its source
where the road from Kambnla Camp to Burgers Laager crosses ;
Thence to a beacon on Kambula Hill ;
Thence 800 yards to a white rock where the White Umfolosi
rises ;
Thence down the White Umfolosi to its junction with the
N'Sonto River;
Thence up the N'Sonto River and 80 yards from the river
to a beacon situated on a spur of the N'Qaba Kashwana Moun-
tains ;
Thence 80 yards to the source of the Dudusi River or Lyn-
spruit ;
Thence down the Dudusi to its junction with the Blood River ;
Thence down the Blood River to its junction with the
Umdhlenefu Stream ;
Thence up the Umdhlenefu Stream to a beacon (Ityendhlovu
Bock);
864
No. 179J S. AFRICAN KKI'Ui. A NKW KKl'l li. 20 June, 1888.
[Boundary.]
Thence dowu the Umvuuyana River to ita junctiou with the
Noudwoni River ;
Tlieuc-u up the Nondweui Kiver to a beacon on the Igogo
Hill;
Thence to a beacon and the source of the Umhlatuzi River
iii the Ibabauaugo Hill ;
Thunce down the Umhlatuzi River to a drift, where
the waggon- road leading from Nkandhla Mountain crosses
(Beacon I) ;
Thence along the waggon-road to Beacon II, on Ugaga or
Ityelenirnbi Hill ;
Thence about 2,000 yards to Beacon III ;
Thence to Beacon IV, on Amazizi Range ;
Thence to Beacon V, near the source of the Indhlovane
Stream ;
Thence by Beacons VI, VII, VIII, IX, X, XI, XII, XIII,
to Beacon XIV, situated aft Ulundi Drift of the White Um-
folobi ;
Thence along the White Umfolosi to Beacon XV, being the
same as Beacon No. 1 of the line of " Second Inspection " ;
Thence to Beacon XVI, on the eastern spur of Capela
Hill;
Thence to Beacon XVII, on a stony hill above Umhlahlane
Neck;
Thence to Beacon XVIII, on the Umancauca Range ;
Thence to Beacon XJX, on the south-east ridge of the
IdhlebeHill;
Thence to Beacon XX, being the same as Beacon No. 2
of the line of " Second Inspection " on Idhlebe Hill ;
Thence to Beacon XXI, on Ugedhla or Umdaja Hill ;
Thence to Beacon XXII, being the same as Beacon No. 3 of
the " Second Inspection " on Ceza Hill ;
Thence to Beacon XXIII, near northern extremity of the
Ungalondi Spnr;
Thence to Beacon XXIV, on Undindindi Range
Thence to Beacon XXV, on the Umjabaso Hill ;
Thence to Beacon XXVI, being the same as Beacon No. 4 of
the " Second Inspection," on the Isibuja Hill ;
865
20 June, 1888.] ». AFRICAN REPUB, & NEW REPUE. [No. 179
[Boundary.]
Thence to the source of the Impolaza Spruit called Magodo-
godo or Gotogoto ;
Thence down the Impalaza Spruit to the junction with the
Umkusana River ;
Thence down the Umkusana River to its junction with the
Umkusi River ;
Thence down the Unikusi River to Beacon XXVII, at the
Umkusi Poort ; near the southern extremity of the Udonzagolo
Ridge ;
Thence along the watershed of the Libombo to Beacon
XXVIII, on Umangwazana Hill ;
Thence to Beacon XXIX, on Emadubeni Ridge ;
Thence to Beacon XXX, on Uzibobalane Hill, on the
edge of the krantz overlooking the western side of the moun-
tain;
Thence to Beacon XXXI, on the top of Nqabeni Hill ;
Thence along the watershed of the Libombo Range to the
starting point where the Pongolo River passes through the
Libombo Range.
ART. III. The Government of the South African Republic
on its own behalf and also on behalf of the community styled in
the Treaty of Union aforesaid " the New Republic," hereby
for ever renounces all claim heretofore advanced by the
Government of the said community to exercise a Protectorate
over the whole or any portion of territory known as Zululand,
and now annexed to and forming portion of Her Majesty's
Dominions.
ART. IV. The Government of the South African Republic
hereby agreees and engages to use every endeavour, and afford
every assistance to the British officer appointed to reside in the
South African Republic, with a view to making due provision
for the proper care and preservation of the graves of certain
Zulu Chiefs, which are situated in the territory hereinbefore
defined, as hereinafter more specifically described and set forth,
and to that end the said Government agrees and engages to
endeavour to procure the consent of the several proprietors of
the land whereon the said graves are situated to the expropria-
tion of land and to the enclosure with stone walls of any or all
866
No. 179] s. AFliK \\ KKi'i R ,t NEW EEPUB. [20 Jane, 1888.
[Boundary.]
of the said graves with suitable margin of adjacent, ground, and
1'urt luT, to endeavour to procure the < <>f such proprietors
to tho granting of five riirhts (.f way to any or all «f ilm said
graven, at all reasonable times, to such person or ;.••: ->iia an
may be approved of and appointed by Her M
sinner for /ululand, to attend to and •secure tin- [imper
and preservation of any or all of the said gruv
that the cost of such expropriation or enclosure of land and of
caring for and preserving such graves shall not devolve upon
or be borne by the Government of the South African
public.
The following are the names of the Zulu Cliief tains and
Kings whose graves are situated in the Makosini district : —
1. Umtombela, 5. Umageba,
2. Uzulu, 6. Undaba,
3. Nkosinkulu, 7. Mjama,
4. Mpungu, 8. Senzangokona.
ART. V. This Convention, together with the Convention
of London aforesaid (p. 847), shall have full force and effect
in respect of the entire territory of the South African Re-
public, as defined by this Convention and by the Convention of
London.
ART. VI. The obligations which the South African Republic
takes over from the New Republic with regard to Her Majesty's
Government, are limited to the territory of the New Republic,
and are subject to the same conditions upon which tbe engage-
ments rest upon the New Republic.
Signed at Government House, Cape Town, this 20th day of
June, 1888.
HERCULES ROBINSON,
High Commissioner.
GRAHAM BOWER,
Imperial Secretary.
Geteekend ten Gouvernements Kantoor te Pretoria, dezen
Elfden dag van Juni, 1888.
S. J. P. KRUGER,
Stoats President.
W. EDUARD BOK,
Stoats Secretaris.
867
24Ju]y)1890.1 S. AFKICAN KEPUB. & OREAT BRIT. [No. 179
A AU££.j J
[Swaziland.]
Swaziland.
In 1890 a Convention was signed, at Cape Town, 24th July,
and at Pretoria, 2nd August,* between Great Britain and the
South African Republic, for the Settlement of the Affairs of
Swaziland, which contained the following Clauses with regard
to British Jurisdiction.
Recognition of Independence of Swaziland, as recognized by the
Convention of London, Confirmed.
ART. I.f The independence of the Swazis, as recognized by
the Convention of London of 1884 (p. 856), J is affirmed,
and no inroad on that independence shall be allowed, even with
the consent of the Swazi Government, without the consent of
both Her Majesty's Government and the Government of the
South African Republic.
Constitution and Machinery of Government.
ART. II. t With the consent of the Swazi Government, ex-
pressed in the form of an organic Proclamation by the Queen
Ilcgcnt and Council, the powers and authorities of the Pro-
visional Government Committee, conferred by Proclamation
dated the 18th December, 1889, and t-xt ended by subsequent
Proclamation for a further period, to be continued for an
indefinite period, subject to the following alterations and addi-
tions, and to the establishment of the following constitution
and machinery of Government : —
(rt.) Each of the three Governments, Her Majesty's Govern-
ment, the Government of the South African Republic, and the
Swazi Government, to have power from time to time to cancel
the appointment of its nominated representative in the Govern-
ment Committee, and to appoint another representative in his
stead.
(fe.) Appointment of Government Secretary and Treasurer.
(c.) Establishment of a Chief Court.
(d ) Power and Jurisdiction of such Court.
* Signed tilso in the Dutch language.
f Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
J H.T., TO!, xviii, p. 156. See Convention, Great Britain and South
African Republic, 27th February, 1884, Arts. 1 and XII, p. 847.
868
No.179 s. Ai<i;n\N u.'i'; .1 i;i:n. rai July, 1890
L2 AU|j.,
[ Swaziland. ]
(f.) XllllfH-llilKlt'- .//"//VlW .\J>]'"'ntllH>ntt.
(/.) Jurisdiction <>f Subordinate Judicial Ojj}<--
(<j.} Laifn h> be Administered.
(// ) Difpntc.d Concessions to be enquired into by-Chirf Cmirt.
(t.) The Administrative and Executive Powers of tlu:
m>-nt Committee.
Government Committee of law
(A-.) Collection of Revenues.
Enforcement of Observance by Swaziland of Organic Pniclam-i
ART. III.* Her Majesty's Government and the Government
of the South African Republic mutually guarantee that they will
enforce the due observance by the Swazi Government and the
Swazis of the provisions of the organic Proclamation aforesftidl
and of good and orderly government established thereunder,
but no steps shall be taken, and no act be done, by either
Government to compel such due observance by force withont
the approval of the other, which approval shall be deemed to
be given if no objection to any such step or act shall be com-
municated to the Government giving notice of intention to
take snch step or do such act within two weeks from the date
of such notice ; provided that either of the said Governments
may, upon application by the aforesaid Government Committee,
interfere by force in any urgent case to compel such due
observance as aforesaid ; and provided that, in case of such
interference being applied for, the other Government may act
upon such application.
ART. IV.* — Language of Courts of Justice.
Land Grants.
ART. V.* Saving all existing rights, the sovereignty and
ownership of the Swazi nation in respect of all html within tin:
boundaries of Swaziland shall be recognized and respected, but
no disposition of any snch land, or of any right in respect of
such land, and no grant or concession whereby any privileged
or exclusive right is granted or conceded, or any right directly
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
24 July loqn "I S. AFRICAN REPUB. & GREAT BRIT. [No. 179
2 Aug., -1 7U J
[Swaziland.]
or indirectly interfering with the powers and jurisdiction of
the Government Committee shall, after the date of such organic
Proclamation, be recognized as of any legal validity, unless
it shall be made with the approval of Her Majesty's High Com-
missioner and of the State President of the South African
Republic.
Native Laivs and Customs.
ART. VI.* The control and management by the Swazi
Government of all affairs in which natives only are concerned
shall remain unaffected by such organic Proclamation as afore-
said, and shall be regulated according to native laws and
customs, save in so far as by such laws and customs any danger
may arise affecting good and orderly government under the
provisions of the organic Proclamation aforesaid.
Validity of Concessions.
ART. VII.* Her Majesty's Government recognizes the
validity of the concessions over and in respect of which the
Government of the South African Republic possesses control-
ling power with respect to postal and telegraphic services,
with respect to the construction of railways in Swaziland,
and the keeping of refreshment places thereon, and with
respect to the making and navigation of waterways and to land
surveying.
Construction of Railway across Swaziland.
AKT. VIII.* Her Majesty further consents to the acquisition
by the South African Republic, under and by virtue of a Treaty
with the Queen Regent of the Swazis and her Council, of the
ownership of land in Swaziland for the purpose of construction
of a railway across Swaziland from the border of the South
African Republic, the extent of such land to be three miles in
width at the most ; provided that —
(a.) The sovereignty over land so acquired shall not be
deemed to be acquired by the South African Republic, but such
land shall in like manner with any other part of Swaziland
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1O2!).)
870
No. 179] S. AFRICAN REPUB. & GREAT BRIT. T24 Ju'y,
L2Aug.,
[Swaziland.]
remuin under (ho Government and Adiniiiihtr.il i<m <•( tlie
Government Committee n ; in thin Convention ; and
(b.) Her Majesty shall, if occasion require, have (he right
of passage across such railway and land so acquired.
Deficiency in Revenue.
ART. IX.* Any deficiency on the revenue for the Government
of Swii/iland umk-r tin- organic Proclamation shall, when duly
certified according to the rules aforesaid as to accounting and
audit, be borne in equal share annually by Her Majesty'a
Government and the Government of the South African Re-
public, and any surplus shall be carried over to the account of
the next succeeding year.
Non-extens-ion of South African Republic to North or North- West.
ART. X.f The Government of the South African Republic
withdraws all claim to extend the territory of the Republic, or
to enter into Treaties with any natives or native tribes to the
north or north-west of the existing boundary of the Republic,
and undertakes to aid and support by its favouring influence
the establishment of order and government in those territories
by the British South Africa Company within the limits of
power and territory set forth in the Charter granted by Her
Majesty to the said Company.
Railway. Amatongaland. (Tongaland.)
ART. XI.* Notwithstanding anything to the contrary con-
tained in the Convention of London of 1884,]: Her Majesty's
Government approves of the acquisition by the Government of
the South African Republic of Rights under Treaty with the
Chieftain Umbegesa and the Queen Zambili of Amatongalaud,
over a strip of land not exceeding 3 miles in width, north of
the 27th parallel of South Latitude, for the construction of a
railway or for other purposes between the frontier of Swaziland
and the sea-coast at or near Kosi Bay ; provided that Her
Majesty's Government undertakes to use its influence to obtain
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 26, p. 1029.)
t Confirmed by Convention of 10th December, 1894. (App. 25, p. 1035).
j Page 847.
871
24 July, iftonl S. AFRICAN EEPUB. & GREAT BRIT. [No. 179
2 Aug., * 7U'J
[Swaziland.]
a concessioa to the South African Republic of an area of
10 miles in radius from a point to be mutually agreed upon,
situate on the coast of Amatongaland, which area of land shall
be deemed to be and to form portion of the territory of the
South African Republic.
Recognition of Sovereignty of South African Republic.
ART. XII.* Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland agrees to recognize the Sovereignty
of the South African Republic in respect of
Land acquired in Amatongaland.
(a.) The land acquired as aforesaid by such Treaties as are
in the last preceding Article contemplated with the Chieftain
Umbegesa and the Queen Zambili of Amatongaland, for the
purposes therein referred to ;
Navigation of the Pongola River.
(6.) So much land, connected with the land acquired from
the said chieftain as aforesaid for the purposes aforesaid, as
may be acquired for the purposes of the navigation of the Pon-
gola River by the South African Republic by Treaty with the
said chieftain, as may not exceed in area an extent of 4 miles
as the crow flies in radius from some point within the territory
of the said chieftain and on the Pongola River ; and
A Strip of Land may be acquired from Chiefs.
(c.) A strip of land for constructing a line of railway, or
other purposes, which strip of land may be acquired by a Treaty
or Treaties with the Chieftains Zambaan and Umbegesa, and
shall not exceed 3 miles in breadth, running lengthwise,
either from Myawos Hill, along the frontier of Swaziland, or
from a point south of that hill along the Pongola River to a
point north of the 27th parallel of South Latitude, where such
strip of land would cut across the strip of land referred to in
the last preceding Article.
Free Navigation of the Pongola River.
ART. XIII.* If by any such Treaty as is referred to in
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
872
No. 170] S. AFRICAN REPUB. & GREAT BRIT. I 24 July,
[Swaiiland.]
Article XII hereof the right of navigation of the Pongolu I
is conceded by the Chiefain Umbegesa to the South African
Republic, Her Majesty's subjects, and all ships, vessels, or other
craft used in the navigation of the said river, and owned in
whole or in part by any of Her Majesty's subjects, shall be
entitled by such Treaty and by this Convention to the fn-e
navigation of the said river without obstruction from, and
without the imposition of any duties or charges by, the Govern-
ment of the South African Republic, or by any persons or com-
pany holding rights protected by or derived from the said
Government, other or higher than such lowest duties or charges
as shall be imposed upon any person, or upon any ship, vessel,
or other craft as aforesaid, not owned as aforesaid by any of
Her Majesty's subjects.
Railways,
ART. XIV.* In the event of the Government of the South
African Republic acquiring rights by Tieaty to land for the
construction of either or both the lines of railway, or for other
purposes, as referred to in Articles XI and XII of this Con-
vention, and notwithstanding the acquisition by the South
African Republic of sovereignty in terms of this Conven-
tion, in respect of any land under and by virtue of approved
Treaty with the Chieftain Zambaan, the Chieftain Umbegesa,
or the Queen Zambili of Amatongaland, Her Majesty reserves
the right of passage across such lines of railway and all land so
acquired by the South African Republic, at places to be mutually
agreed upon, the further right to claim convenient facilities
for crossing each of the said lines and the said land with one
line of railway at the same places, or others conveniently
situated, and the right, at any place across either strip of land
acquired under paragraph C of Article XII, of passing troops
if necessary into Swaziland in accordance with this Conven-
tion.
Amatongaland, Treaties to be approved.
ART. XV.* No Treaty entered into in manner recognized by
* Determined by Convention of 10th Doeeinlcr, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
873
2lJuly, 1890.] S. AFEICAN REPUB. & GREAT BRIT. [No. 179
[Swaziland. Kcsi Bay, &c.]
this Convention with the Chieftain Zambaan, the Chieftain
TJmbegesa, or the Queen Zambili of Amatongaland shall be
deemed to be valid and binding until approved of by Her
Majesty, in manner provided by Article IV of the London
Convention of 1884.
Kosi Bay. Non-surrender of Sovereign Rights.
ART. XVI.* The Government of the South African Republic
•will in no case, without the approval of Her v Majesty's Govern-
ment, part with the sovereignty, control, or management of.
Kosi Bay or the harbour works in connection therewith, or the
area of land hereinbefore referred to; and will not, without
the like approval, enter into any Treaty relating to Kosi Bay,
or the said works or area with any Foreign Power.
Kosi Say. Disputes between South African Republic and Foreign
Powers.
ART. XVII.* Should any dispute arise between the Govern-
ment of the South African Republic and any Foreign Power
relative to any act, omission, or alleged default on the part of
t'ie said Government in the exercise of its sovereignty in respect
of Kosi Bay or the said works or area, the said Government, for
the sake of protecting the sovereignty of the South African
Republic with regard to the said bay, works, and area, consents
to assign to Her Majesty's Government the conduct, on behalf
of the Government of the South African Republic, of all dip-
lomatic representations and negotiations with such Foreign
Power relative to such dispute. Such representations to be
made and negotiations to be carried on in consultation with the
Government of the South African Republic.
Kosi Bay, Sfc. Amatongaland.
ART. XVIII.* The provisions of Article XVI of this Con-
vention shall be construed so as to refer not only to Kosi Bay,
the harbour works in connection therewith, and the area of
land referred to in the said Article, but also to any other land
tlie sovereignty in respect of which shall be acquired by the
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
874
No. 179] 8. AFRICAN i:i:i'i i: I 0RIA1 i:i:ir. [24 July, 18QO.
L2 Allf£.j
[Kosi Bay, &c.]
Sooth African Republic in terms of this Convention under
and by virtue of any Treaty entered into with tin- Chieftain
Zambaan, the Chieftain Umbegesa, or the Queen Zambili of
Amatongaland, and approved of by Her Majesty as aforesaid.
Kosi Say. Sovereign Rights over Land.
ART. XIX.* The Government of the South African Republic
consents, in the event of acquisition by it of Kosi Bay as afore-
said, and of sovereign rights over the area of land referred to
in Article XI, and over the land referred to in Article XII, to
enter with Her Majesty's Colony of the Cape of Good llnpe
and the Orange Free State, and with such other Colonies or
Dependencies of Her Majesty as may then be parties thereto,
into the then existing Customs Union Convention ; provided
that terms and conditions of entrance are conceded with due
re-rard to the existing contracts and to the existing Treaties
recognized by Her Majesty's Government, by which the Govern-
ment, of the South African Republic is bound.
Amatongaland. Customs Union.
ART. XX.* Notwithstanding anything to the contrary con-
tained in any of the preceding Articles of this Convention, and
notwithstanding that any Treaty entered into by the South
African Republic with the Chieftain Zambaan, the Chieftain
Umbegesa, or the Queen Zambili of Amatongaland, shall have
been approved of by Her Majesty in manner provided in this
Convention, such approval shall be deemed to be conditional
upon the entering of the South African Republic into the said
Customs Union Convention, and none of the rights or powers
conferred by any such Treaty may be validly claimed or exer-
cised by the Government of the South African Republic unless,
within six months after the date of Her Majesty's approval in
respect of the first of any such Treaties entered into as afore-
said, copy whereof shall be received by Her Majesty's Govern-
ment in accordance with Article IV of the London Convention
of 1884, the Government of the South African Republic shall
have entered into the said Customs Union Convention upon
* Determined by Com-ention of 10th December, 189i, with the exception
of ArU. X iin.l \.\IV. (A|>i>. 2.-.. p.
8'/ 5
24 Inly, 1093.1 S. AFRICAN REPUJ3. & GREAT BEIT. [No. 179
2 Aug., J
[Tongraland.]
terms and conditions agreed upon by and between the said
Government and the respective Governments of the Colonies,
States, or Territories then parties to the said Convention.
Treaties with Tongaland.
ART. XXI.* If before the expiration of three years from
the 8th day of August, either
(a.) The Government of the South African Republic shall
not have entered into such Treaties as aforesaid with the
Chieftain Zambaan, the Chieftain Umbegesa, and the Queen
Zambili of Tongaland, or their respective successors; or
(6.) Such Treaties, if entered into, shall not have been
approved of by Her Majesty in manner provided in this Con-
vention ; or
(c.) Though such Treaties shall have been entered into and
approved of, the Government of the South African Republic
shall nob have entered into the Customs Union Convention in
accordance with Articles XIX and XX,
each party to this Convention shall have the option, at any
time before the 8th day of May, 1893, of giving notice, in
writing, to the other party that at the expiration of the period
of three years aforesaid the force and effect of this Convention
shall terminate ; provided that
(1.) Such termination shall not bind Her Majesty to recog-
nize as valid any such Treaties as aforesaid, notwithstanding
that the same shall have been approved of.
(2.) Such termination shall not affect the binding force and
effect of Articles X and XXIV of this Convention.
Customs Duties.
ART. XXII.* The Government of the South African Republic
agrees to admit free of any duties of Customs into the South
African Republic all articles the produce and manufacture of
any State, Colony, or territory bordering on the territory of the
South African Republic, into which the produce and manu-
factures of the South African Republic are admitted free of
such duties, subject for such period as it may be a party to the
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p 102U.)
876
No. 179] 8> AFRICAN K K.rr i: A <; 1:1: VT mm1. | ^4ATun,!y' 1890.
[Little Free State.]
Cu.xtoms Union Convention to such exceptions as may be then by
presrriliril.
Railway*.
ART. XX 1 1 L* The Government of the South African Repub-
lic undertakes to withdraw all opposition, direct or indirect, to
tlir extension of railways from or through any of Her Majesty's
Colonies in South Africa or the Orange Free State to or towards
the bonndarii'H of the South African Republic, and further to
teke into consideration the extension of such railways, snbject
to all existing rights and Treaties, from the said boundaries
into the territory of the South African Republic to the town-
ships of Johannesburg and Pretoria.
Inclusion of the " Little Free State " u-ifhin tl>& Republic.
AKT. XXI V.f Her Majesty's Government consent to an alter-
ation of the boundary of the South African Republic on the
east so as to include the territory known as the Little Free
State within the territory of the South African Republic.
Ratifications.
AKT. XXV.* This Convention will be ratified by the Volks-
raad of the South African Republic, on or before the 8th day of
August, 1890,J and in default of such ratification this Conven-
tion shall be null and void.
Signed and sealed at Cape Town, this 24th day of July,
1890.
(L.S.) HEtfRY B. LOCH,
High Commissioner.
Signed and sealed at Pretoria, this 2nd day of August,
1890.
(L.S.) S. J. P. KRUGER,
State President of the South
African Republic.
D. W. J. LEYDS, State Secretary.
* Determined by Convention of 10th December, 1884, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
t Confirmed by Convention of 10th December, 1894. (App, 25, p. 1035.)
I Ratified by the Volksraad, 13th August, 18550, p. 878; approved by the
British Government, 25th September, 1890, p. 879.
877 3 Q
13 Aug., 1890.] S. AFEICAN REPUB. & GBEAT BEIT. [No. 179
[Swaziland, &c.]
Approval of the above Convention by the Volksraad of the South
African Republic.
(1.) Resolution of Volksraad. 13th August, 1890.
THE Volksraad having had ander its notice the Convention
concluded on the 2ud of August at Pretoria, between the
South African Republic and Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, observing with
regret that Her Majesty's Government is still unwilling to
agree to provisions by which the just claims and rights of this
Republic are acknowledged, nevertheless wishing to maintain
and to strengthen friendly relations with Her Majesty's Govern-
ment, also considering and trusting in the promise of Her
Mnjesty's Government, namely, that when the joint Govern-
ment in Swaziland shall have been established, and the Con-
cession Claims shall have been settled, such questions shall be
taken into consideration as the Government of the South African
Republic may lay before Her Majesty's Government with the
desire to meet, as far as possible, the wishes of the South African
Republic, regarding the said Convention for that reason as a
transition measure, considering that it is desirable to make it
apparent that the approval of the said Convention shall not be
regarded as the relinquishing of rights and claims which the
Republic has on territory situate to the east of that Republic,
and expressly reserving to itself those rights and claims,
further considering that it is necessary for the Republic not to
make itself a party in questions which may exist or may arise
between Her Majesty's Government and other governments,
with respect to territory situate to the north and north-west of
the Republic, and expressly declaring that the ratification of
the said Convention is not making itself a party in any sense
whatsoever; lastly, considering that it is impossible to cause
Article XXII of the said Convention to be of force and effect, so
long as the South African Republic does not enter into the
Customs Union Convention, resolves, on condition that Article
XXII of the Convention shall be offeree and effect only during
the time when the South African Republic shall be a party to
the Customs Union Convention, to express its approval of tho
878
No. 17 ] S. AFRICAN REPUB. it GREAT BRIT. 13 Aug., 1890.
[Kaffir Tribes on Borders.]
said Convention : farther, considering the fact that it is neces-
sary for the preservation of safety, peace, and order on the
north-western and northern borders of the Republic, that
oertain lands on those borders, now, in terms of the Conven-
tion, situate outside the territory of the Republic, upon which
Kaffir tribes are settled, who also live partly within the terri-
tory of the Republic, and also lands upon which Kaffir tribes
had been settled, who have been driven thence and have fled
within the territory of the Republic, to which lands those
Natives still make a claim, shall be annexed to the territory
of the Republic, further resolves to instruct the Government
to negotiate with Her Majesty's Government for the purpose of
obtaining the annexation of these pieces of land to the territory
of the Republic.
Approval and Ratification of the above Convention by the British
Government.*
(2.) Lord Knutsford to Sir H. B. Loch. 26th September, 1890.
I HAVE the honour to convey to you. the final approval,
ratification, and adoption by Her Majesty's Government of this-
Convention, and to signify their confirmation of your action in
affixing your signature to it.
* Determined by Convention of 10th December, 1894, with the exception
of Arts. X and XXIV. (App. 25, p. 1029.)
879 3 <j 2
SPAIN.
SPAIN.
LIST OF TREATIES, <tc.
No. Page
180 1479—1893. Notes On Spanish Possessions in Africa . . 882
SPAIN AND AFRICA (WEST COAST).
— 1 Mar., 1778. Treaty Portugal and Spain. Cession of
Islands of Fernando Po and An-
nabon to Spain 882
181 24 Oct., 1778. Act Cession of Fernando Po. Note by
Portugal to Spain 884
— Note Islands of Fernando. Po and An-
nabon 885
SPAIN AND AFRICA (NORTH-WEST COAST).
182 9 Jan., 1885. Notification Spanish Protection over North West
Coast of Africa. Cape Blanco to
Cape Bojador 886
— 6 April, 1887. Decree Placing above Territory under the
charge of the Spanish Captain
General in the Canary Islands.
Note 887
SPAIN AND CONGO FREE STATE.
See Congo and Spain.
SPAIN AND ITALY.
183 Dec., 1887. Exchange of Notes. Spanish Naval Station and Coaling
Dep6t on Danakil Coast 888
SPAIN AND MOROCCO.
— 25 Aug., 1884. Treaty Limits of Ceuta. (See Treaty, 7th
October, 1844.)
184 7 Oct., 1844. Treaty Limits of Ceuta 891
185 6 May, 1845. Treaty Frontiers of Ceuta-Larache 893
186 24 Aug., 1859. Convention. . Limits of Jurisdiction of Melilla 894
187 26 Apr., 1860. Treaty Extension of Jurisdiction of Fortress
of Ceuta 897
188 SOOct., 1861. Treaty Melilla Boundary 901
— 5 Mar., 1894. Treaty Settlement of Differences , 902
881
1479-1893.] SPAIN & AFRICA (N. & N.W. COASTS). [No. 180
[Possessions in Africa.]
No. ISO.— Notes on SPANISH POSSESSIONS IN
AFRICA. 1479-1893.
Canary Islands.*
In 1479 the Canary Islands were ceded by Portugal to the
Crown of Castile, in whose possession they have remained ever
since.
Melilla.*
In 1490 Melilla came into the possession of Spain.
Fernando Po and Annabon.*
On the 1st March, 1778, Portugal engaged by Treaty to
cede the Islands of Fernando Po and Annabon to Spain, and
the Act of Cession was signed on the 24th October, 1778
(No. 181).
Geuta.*
In 1580 Ceuta, which had been captured by King John I. of
Portugal in 1415, came into the possession of Spain, together
with the Crown of Portugal, and was confirmed as Spanish in
1640.
On the 25th August, 1844, a Treaty was concluded between
Spain and Morocco, in which the limits of Centa were defined
to be as follows : — " The first of these limits is from the sea to
the Barranca Hafats Accadar, in the portion of the Tinidac,
as far as the Jandac — Bab-el- Arais Sea (Barranca of the las
Novias Gate), which is the bed of the waters in the rainy
season ; and the first limit on the right-hand side passing at
the Barranca Larais is within the limits of Ceuta, and the left
side belongs to the Moors."
On the 7th October, 1844, the above Treaty was confirmed
(No. 184).
Ceuta, Larache, Melilla, tyc.
On the 6th May, 1845, another Treaty was signed between
Spain and Morocco relative to the Ceuta — Larache frontiers,
* Taken from various Geographical Works.
882
No. 180] SPAIN -t AFRICA (N.\V. & W. COASTS). [1479 1893.
[Cape Blanco to Cape Bojador, Corisco Bay, Ac.]
and for the proper conduct of the Moors on the frontier of
Melilla, Alhucemas, and Pefion de la Camera (No. 185).
On the 24th August, 1859, another Convention was con-
cluded between Spain and Morocco for the extension of Spanish
jurisdiction near Melilla, &c. (No. 186).
On the 26th April, I860, another Treaty was concluded be-
tween Spain and Morocco for the extension of the jurisdiction
of the Spanish fortress of Ceuta (No. 187).
And on the 30th October, 1861, another Treaty was con-
cluded between Spain and Morocco respecting the limits of the
fortress of Melilla (No. 188).
Cape Spartel Lighthouse.
Spain was a party to tlie International Convention signed at
Tangiers on the 31st May, 1865, respecting Cape Spartel
lighthouse (No. 172).
North- West Coast of Africa.
On the 9th January, 1885, the Spanish Government gave
formal notice of the extension of Spanish protection over cer-
tain territories on the North- West Coast of Africa, extending
from Cape Blanco to Cape Bojador (No. 182) ; and on the 6th
April, 1887, a Spanish Decree was issued, placing this territory
under the charge of the Spanish Governor-General of the
Canary Islands (p. 887).
West Coast of Africa.
The Spanish claim to territory on the West Coast of Africa
apparently extends from the River Campo down to Santa Clara,
that is to say, to the northern frontier of the French Colony on
the River Gaboon, including Cape St. John, the Mooney (Mani
or Danger) River, Corisco Bay, Corisco and Elobey Islands
in that bay, and Esteiras on the mainland, south of the Moon-
dah River. This claim, however, is disputed by France, a
Joint Commission has sat in Paris on several occasions since
1886 in the hope of bringing about a satisfactory settlement of
this dispute, but hitherto without success.
883
24 Oct., 1778.] SPAIN AND AFEICA (WEST COAST). [No. 181
[Fernando Po.]
No. 181. — ACT of Cession, on the part of Portugal, of the
Island of Fernando Po, to Spain. 24th October, 1778.*
(Translation.)
IN the year, from the birth of our Lord Jesus Christ, 1778,
on the 24th of October, in this Island of Fernando Po, there
being present, commissioned by the Most Faithful Queen, our
Lady, the Most Illustrious Dom Fro. Luis Caetano de Castro,
Gentleman of the Household of the same Sovereign Lady,
Knight of the Order of Malta, and Captain of Sea and War,
Commander of the ship " Our Lady of Grace," and, on the
part of the Catholic King, the Most Illustrious the Conde de
Argelexos, likewise commissioned by his Sovereign, and besides
these two, there being also present those who accompanied
them; it was declared before me, the Clerk of the above ship,
that he, Dom Fro. Luis Caetano de Castro, in virtue of the
orders of, and of the Commission which he had received from,
the Most Faithful Queen, our Lady, and by the best form and
mode of right, did cede and resign all the jurisdiction,
royalties, dominion, demand, and right, which his Sovereign
Lady had in this Island of Fernando Po, to the person of the
Catholic King, for that^ Sovereign and his successors, to enjoy
and possess it as their own, and as an appurtenance annexed to
the Kingdom of Spain, to which end, by virtue of the powers
he possessed, he declared the island to be dismembered from
the Kingdom of Portugal ; and, pursuant to the above Commis-
sion, the Most Illustrious the Conde de Argelexos declared
that he accepted, on the part of his Sovereign, the cession just
mentioned, and, in virtue of the same, and of the power con-
ferred upon him, he scattered some earth in the air, plucked
some branches from the trees, and performed all the other acts
of occupation ; proclaiming in a loud voice, which all distinctly
heard , that, in fulfilment of the Commission which he held from
the Catholic King, his Sovereign, he took possession of this
Island of Fernando Po, as appertaining to the Kingdom of
Spain ; to the end that, from this day forward, the inhabitants
* S.P., vol. xyi, p. 268.
884
No. 181J SPAIN AND AFRICA (WEST COAST). [24 Oct., 1778.
[Fernando Po. Annabon.]
of it should acknowledge the said Sovereign for their Sovereign
Kiii'_r, with fall and supreme power; and I, Joao Ramos de
Silva Mallos, Clerk to the ship " Our Lady of Grace," took
the same down in writing, by order of the Most Illustrious Dom
Fro. Luis Caetano de Castro ; the whole being witnessed by all
the Undersigned, who subscribed it, together with myself and
the two Commissioners, in this Bay of Fernando Po, on the
24th of October, 1778.
FR. LUIS CAETANO DE CASTRO.
CONDE DE ARGELEXOS.
The Clerk of the Ship " Our Lady of Grace,"
JOAO RAMOS DE SA MALLOS.
(and 8 more signatures).
Islands of Fernando Po and Annabon.
NOTE. — By Art. XIII of the Treaty of Pardo, concluded be-
tween Spain and Portugal on the 1st of March, 1778,* Portugal
engaged to cede to Spain the Island of Fernando Po and the
small Island of Annabon, to the South of Fernando Po, in com-
pensation for cessions made by Spain to Portugal by the Pre-
liminary Boundary Treaty of 1st October, 1777, in order that
the subjects of the Crown of Spain might establish them-
selves there, and from thence pursue their commerce and the
trade in slaves.
Temporary Occupation of Fernando Po by British Slave Trade
Commissioners.
In 1829 the British Slave Trade Commissioners were
removed from Sierra Leone to Fernando Po, and a British
establishment formed on that island for the sole object of
executing the then existing Treaties for the suppression of the
Slave Trade; but an assurance was given to the Spanish
Government (28th October, 1830) that the British Government
fully recognized the right of Spain to the sovereignty, pro-
perty, and possession over that island, and in 1833 the British
establishment was withdrawn.
* Martens', Kecueil. Tome 1, pp. 634 — 709.
885
9 Jan., 1885.] SPAIN AND AFRICA (N.W. COAST). [No. 182
[N.W. Coast of Africa. Cape Blanco to Cape Bojador.]
No. 182. — SPANISH Notification of the Extension of Spanish
Protection over certain Territories on the North-west Coast
of Africa. §th January, 1885.
(1.) The Marquis de Casa Laiglesia to Earl Granville. — (Received
12th January. ~)
(Translation.)
Spanish Legation, London, 9th January, 1885.
My Lord,
BY order of my Government, I have the honour to bring to
your Excellency's notice that, as solicited on different occasions
by the Spanish African and Colonists Society and the Canary-
African Fisheries Society, considering the importance of the
Spanish Settlements established on the Gold River (Rio Oro)
(latitude 23° 36' north, longitude 9° 49' west), at Angra de
Cintra (latitude 23° 6' north, longitude 10° 0' 1" west), and
at Western Bay (latitude 20° 51' north, longitude 10° 56'
west),* on the Western Coast of Africa, and in view of the
documents which the independent tribes of this part of the
coast, who have on various occasions solicited and obtained
Spanish protection, have signed before the representative of
the Spanish African and Colonists Society, Don Emilio Bonelli,
during the expedition which took place in November last, on
board the ship of war " Ceres," in conjunction with Captain
Don Pedro de la Puente, His Majesty the King, my august
Sovereign, desirous of giving proof of the solicitude with which
he endeavours to advance the industrial and commercial
interests of Spain, has been pleased to confirm the Acts of
Adhesion signed before Senor Bonelli, and to take under his
protection the territories of the Western Coast of Africa com-
prised between the fore-mentioned Western Bay and Cape
Bojador (latitude 26° 8' north, longitude 8° 17' west), and in
* Cape Blanco.
886
No. 182] SPAIN AND AFRICA (N.W. COAST). [9 Jan., 1885.
[N.W. Coast of Africa. Cape Blanco to Cap« Bojador.]
which arc included, besides the points stated, Las Puntas and
La Bombarda, without prejudice to the existing proved rights
of third parties.
I avail, &c.t
MARQUIS DE CASA LAIGLESIA.
British Acceptance of the above Notification.
(2.) Earl Oranville to the Marquis de Casa Laiglesia.
M. le Ministre, Foreign Office, 28th January, 1885.
I HAVE the honour to acknowledge the receipt of your note
of the 9th instant, stating that His Majesty the King of Spain
has been pleased to take under his protection, without prejudice
to the existing rights of third parties, the territories of the
Western Coast of Africa as therein detailed.
I have, &c.,
GRANVILLE.
[On the 6th April, 1887, a Spanish Decree was issued,
placing the above territory under the charge of the Spanish
Governor-General of the Canary Islands, &c.
The following is an exlract from that Decree, in the lan-
guage in which it was published of the " Madrid Gazette " of
April 7th, 1877 :—
" Articulo 1.° Los territories de la costa Saharica compren-
didos entre la bahia del Oeste del cabo Blanco, situada a los
20 grados 51 minutos de latitud Norte, y 10 grados 56 minutos
de longitud Oeste, y el cabo Bojador colocado a los 20 (sic) grados
ocho minutos de latitud Norte, y ocho grados 17 minutos de
longitud Oeste, quedan incorporados a la Capitania general de
las islas Canaries."]
887
Dec., 1887.] SPAIN AND ITALY. [No. 183
[Spanish Naval Station. Assab Bay.]
No. 183. — NOTES exchanged between Spain and Italy,
respecting tJie establishment of a Spanish Naval Station in
Assab Bay. Home, December, 1887.*
No. 1. — The Spanish Minister Plenipotentiary at Borne to the
Italian Minister for Foreign Affairs.
(Translation.)
M. le Ministre, Borne, December 2, 1887.
IN resuming the correspondence \vhich took place with your
Excellency and with your predecessor, M. Depretis, in June last
respecting the cession of territory on the coast of the Red Sea
which my Government wishes to acquire in order to establish
there a naval station and coaling depot for vessels belonging to
the Spanish navy proceeding to or from our Possessions in the
East, I have the honour to propose the following conditions
which are similar to those recently accorded to Germany with
regard to the station on the Island of Fernando Po : —
1. The Government of His Majesty the King of Italy will
cede to His Majesty the King of Spain the territory on the
coast comprised between Ras Garibal (Sentenil Point) and Ras
Marcana, in Assab Bay, at 2 miles distance from the town of
that name. The said territory has a sheltered anchorage at the
Island of Om-el-Bahar, and can afford a safe harbour and pro-
tection from the winter monsoons for two or three vessels of
different tonnage.
2. The concession of this right shall be for a period of at
least 15 years, and shall continue for an indefinite period
unless the Convention be denounced by one of the two
countries. The denunciation shall in any case be made one
year in advance.
3. This concession in no way diminishes or alters the
sovereignty of Italy over the territory ceded.
4. In the event of war between Italy and any other country,
the naval station shall be considered entitled to all the guarantees
permitted by international law.
* S.P., TO!. Ixxix, p. 775.
888
No. 183 SPAIN AND ITALY. [Dec., 1887.
[Spanish Naval Station. Aeaab Bay.]
The last clause does not exclude the possibility of making
use of the station when, for a military object, it may eventually
be convenient to do so, and further, Italy reserves an absolute
right to prevent any other country using such station to the
prejudice of the former.
If your Excellency agrees to the foregoing proposals autho-
v'v/.i •<! by my Government, I have to request that, in order to
give them diplomatic force and character, they may be com-
municated to me in the reply which your Excellency may direct
to bo given to this note, and which will complete the reciprocal
agreement between the two Governments.
I have, &c.,
EL CONDE DE
Signor Crispi.
No. 2. — The Italian Minister for Foreign Affairs to the Spanish-
Minister Plenipotentiary at Rome.
(Translation.)
M. le Ministre, Rome, December 13, 1887.
THE note which your Excellency was good enough to address
to me on the 2nd instant resumes, in the following terms, the
negotiation carried on between the Royal Government and the
Government of Her Majesty the Queen-Regent respecting the
cession in favour of Spain of a zone of territory in the Italian
possessions in the Red Sea, in order to establish there a naval
station and coaling depot : — •
[Hero follow the conditions in the terms contained in the note
of the 2nd December, 1887, p. 888.]
In conclusion, your Excellency expressed the desire that I
should at once consent to the conditions laid down by you in
virtue of the authorization received from your Government, in
order that they might receive diplomatic force and character by
their formal communication, and that the exchange of notes
between us should constitute the reciprocal Agreement between
the two Governments.
Having attentively examined your Excellency's note to me,
889
Dec., 1887.] SPAIN AND ITALY. [No. 183
[Spanish Naval Station. Assab Bay.]
and carefully compared it with the documents relating to the
negotiations which have led to this result, I have the satisfac-
tion to notify that the Royal Government accepts and ratifies,
on its part, the conditions enumerated by your Excellency in
your note of the 2nd December, the Agreement between the
two Governments being thus fully and perfestly established on
the basis of those conditions.
I have, &c.,
F. CRISPI.
EL Conde de Rascon.
890
No. 184] SPAIN AND MOROCCO. [7 Oct., 1844.
[Limits of Ccuta.]
No. 184. — TREATY Ictvn ,t ,{<j>«i/i and Morocco resp'
ih>~ /iinitx of Ceuta. Cond<Ki<-<l <>n ih>- 7/A Or/./A/r, 1844.*
(Translation.)
PRAISE bo to God! The Imperial Order to which obedience
is due, having reached the present official at the Port of Tangier
(defended by God) for replacing the limits of Ceuta as they
were in the days of the predecessors of our master, to whom
may God lend his aid, the above-mentioned official has ordered
in virtue of the Imperial command, these limits to be replaced
in their primitive condition, in conformity with Article I, and his
answer, of the Treaty of the 9th Schaabars of the year of the
date (25th August, 1844f), such as they were in the time of our
master, protected by God, and in the time of his predecessors
the generals and the purified ; and that posts and demarcations
be set up, so that there should remain no doubt or motive for
discussion, in the presence of the Mediators between the two
Governments, the Agent and Consul- General of the Queen of
Great Britain, Drummond Hay ; of the Consul- General Pleni-
potentiary and Charge d'Affaires of Spain on behalf of the
Queen, Don Antonio Ordonez ; of the Official of Cabila de
Angera, Sheikh Mohammed-ben-Tay-et-Canchua ; and of the
Ka'id of the Guard of Ceuta, and the actual Resident, Cid
Ahmed-el- Assary.
Limits of Ceuta Defined.
The above have all presented themselves to verify the limits,
and they have found visible remains of those which formerly
existed. The first of these limits is from the sea to the Bar-
ranca Hafats Accadar, in the portion of the Tinidac, as far as
the Jandac-Bab-el-Arais Sea (Barranca of the las Novias Gate),
which is the bed of the waters in the rainy season ; and the first
limit on the right hand side passing at the Barranca Larais,
is within the limits of Ceuta, and the left side belongs to the
Moors ; and the mediating agent set up marks mentioned at
* S.P., vol. xxxiv, p. 1273.
t See p. 882.
891 8 R
7 Oct., 1844.] SPAIN AND MOROCCO. [No. 184
[Limits of Ceuta.]
the same limits, so that pillars of materials or of other things
may be constructed in large numbers and without opposition.
The said Mediator also set up and placed on the flat ground
between the two Barrancas above mentioned, a pillar of stones,
with the object of better designating the ancient limits, such as
they were formerly ; and each of the parties shall be at liberty
to make use of the water from a spring which is situated at the
end of the Barranca of Larais, on the Ceuta side, and place
within these limits the goods they may deem necessary.
One copy of this document was drawn up on the 23rd of
Ramadan-el-Mecadem, 1260, corresponding with the 7th October,
of the year of the Messiah, 1844.
(L.S.) E. W. A. DRUMMOND HAY.
(L.S.) ANTONIO DE BERAMENDI.
The servant of the Court reared by God, to whom may
God in his generosity be gracious.
(Seal of the Pasha.) BUSILHAM-BEN-ALI.
No. 185] SPAIN AND MOBOOOO. [0 May, IBM.
I Frontier* of OeuU-L&rache.J
No. 185.— TREATY between Spain and Morocco, relative to
the Frontiers of Ctuta-Larache, 6th May, 1845.*
[Concluded under the mediation of Sir John Henry Drum-
mond Hay, British Agent and Consul-General in Morocco.]
(Translation. )
Frontiers of Ceuta to be Re-established.
ART. I. The Frontiers of Ceuta shall be re-established in the
state they were formerly, and in conformity with Article XV
of the Treaty of Peace in force, t This has been executed and
accomplished in all its details on the 7th October last (23 of
Ramadan, 1260) (No. 1 ), as is mentioned in the above-said
Treaty between Her Majesty the Queen of Spain and the Sultan
of Morocco.
Conduct of Moors on Frontier of Melilla, Alhucemas, and Penon.
ART. II. The Sultan of Morocco shall give orders to the
Moors on the frontier of Melilla, Alhucemas, and Penon de la
Gomera, that they may, in future, conduct themselves properly
towards the inhabitants of these places, and towards the ships
which shall approach their coasst.
ART. III. — Export Duties.
ART. IV. — Satisfaction of Spain at Reprimand addressed to
Governor of Mazagan and at Salute to Spanish Flag, 8fc.
» S.P., Tol. xxiiv, p. 1274.
t See p. 891.
893 3 R 2
24 Aug., 1859.] SPAIN AND MOEOCCO. [No. 186
[Extension of Spanish Jurisdiction at Melilla.]
NO. 186.— CONVENTION between Spain and Morocco,
extending the limits of the jurisdiction of Melilla, and
establishing the adoption of measures necessary for the
security of the Spanish Fortresses on the Coast of Africa,
concluded at Tetuan on the 24ith August, 1859.*
[Confirmed by Treaty of 26th April, 1860.f Ratified on the
26th May, I860.]
(Translation.)
Preamble.
Cession to Spain of additional Territory near Melilla.
ART. I. His Majesty the King of Morocco being desirous
of giving His Catholic Majesty an evident mark of the good
sentiments with which he is animated, and wishing to con-
tribute, in so far as it depends upon him, to the safe guarding
and security of the Spanish places on the coast of Africa,
agrees to cede to His Catholic Majesty the possession and
full sovereignty of the territory in the vicinity of the Spanish
place, Melilla, as far as the points most suitable for the defence
and tranquility of this Fortress.
Limits of Cession to be fixed by Engineers.
ART. II. The limits of this concession shall be fixed by
Spanish and Maroquine engineers, who shall adopt as their
basis of operations, for fixing the extension of the said limits,
the range of a piece of cannon of 24 of the old make.
Formal Transfer of Territory to be made.
ART. III. In the shortest space of time possible, from the
day of the signature of the present Convention, and as laid
* Tratados de Espaua. Don Florencio Janer., p. 192.
t Archives Diplomatiques. 1801, vol. iii, p. 332.
894
No. 188] SPAIN AND MOROCCO. [24 Aug., 1859.
[Extension of Spanish Jurisdiction at Melilla.]
down in Article II, the tracing of the lino, which goes from the
north side to the south side of the place, and which in futuru
shall be the limit of the territory and jurisdiction of Melilla,
shall be proceeded with by common consent and with suitable
solemnity.
Neutral Ground between Moorish and Spanish Territories.
ART. IV. Between the territories subject to Spanish and
Maroquine jurisdiction, a neutral ground shall be determined.
The limits of this ground shall be, on the Melilla side, the line
of Spanish jurisdiction laid down in the Act of Delimitation, to
which Article III relates, and on the Biff side, the line which
shall be determined by common consent as the line of separa-
tion between the territory under the jurisdiction of the King
of Morocco and the neutral ground above mentioned.
Moorish Guards to be placed near Melilla.
ART. V. His Majesty the King of Morocco engages to place
on the limit of the territory on the frontier of Melilla, a Ca'id or
Governor with a detachment of soldiers, so as to repress any
act of aggression on the part of the inhabitants of Riff, which
might tend to interfere with the good relations between the two
Governments.
Moorish Guards at Penon and Alhucemas.
ART. VI. With a view of preventing the hostilities, which
at various times have had for their object the places of Penon
and Alhucemas, His Majesty the King of Morocco, moved by
the just desire with which he is animated, shall give the
necessary orders for establishing in the vicinity of these places
a Ca'id with sufficient troops to cause the rights of Spain to be
respected, and to favour efficaciously the free entry into these
towns of food and rations necessary for their garrisons.
The detachments, which a^e to be placed on the frontier of
Melilla or in the neighbourhood of Peudn and Alhucemas, shall
895
24 Aug., 1859.] SPAIN AND MOKOCCO.; [No. 186
[Extension of Spanish Jurisdiction at Melilla.]
be solely composed of troops of the Maroquine army, chiefs or
troops from Biff shall not be permitted to be placed there or
charged with this duty.
(L.S.) JUAN BLANCO DEL VALLE.
The servant of His Majesty whom may God exalt,
(L.S.) MOHAMMED EL JETIB, to whom
may God be propitious.
896
No. 187] ISAM AND MOROCCO. [26 April, 1800.
[Extension of Spanish Fortress of Ceuta. ]
No. 187.— T /,'/•:. I 7'}' ,,/' I'.ncc and Amity, between Spain
<tn<l Morocco. Hiijntil nt Tctuan, 2&th April, 18GO.*
[Ratifications exchanged, 2Gth May, I860.]
Extension of Jurisdiction of Spanish Fortress of Ceuta.
ART. II. In order to make the causes disappear which gave
rise to the war now happily terminated, His Majesty the King
of Morocco, actuated by his sincere desire to consolidate peace,
consents to extend the territory under the jurisdiction of the
Spanish Fortress of Ceuta, as far as the points most convenient
for the complete security and defence of the garrison in that
place, in the manner agreed upon in the following Article.
Cession of Territory ly Morocco to Spain. Boundaries.
ART. III. In order to carry into effect what is stipulated in
the preceding Article, His Majesty the King of Morocco cedes
to Her Majesty the Queen of Spain, in full dominions and
sovereignty, the territory included between the sea and along
the heights of Sierra Bulloues, and the ravine of Angera, aa a
consequence of the above, His Majesty the King of Morocco
.cedes to Her Majesty the Queen of Spain, in full dominion and
sovereignty the whole of the territory comprised from the sea,
starting, as near as possible, from the eastern point of the first
bay of Handag-Rahma, on the north coast of the garrison of
Ceuta, at the ravine or gully, which there terminates, rising to
the east side of the ground where the prolongation of the
Monte del Renegade, which runs in a similar direction from
the coast, is the most abruptly depressed, and terminates in a
scarped eminence of shaly stone, descending along the margin
from the entrance of the neck that is there situated, by the
skirt of declivity of the mountains or slopes of Sierra Bulloues,
on the principal summits of which are the redoubts of Isabel
• S.P., Tol. li, p. 928. Altered by Treaty of 80th October, 1861, p. 893.
897
26 April, I860.] SPAIN AND MOROCCO. [No. 187
[Extension of Jurisdiction of Ceuta.]
Sequinda, Francisco de Asis, Pinier, Cisueros, and Principe
Alfonso, in Arabic Vad-Arriat, and terminates at the sea, after
forming altogether a semicircle that ends in the bay of the
Principe Alfonso, in Arabic Vad-Arriat, which is the south
coast of the aforesaid garrison of Ceuta, according to what has
already been determined upon by the Spanish and Moorish
Commissioners, as stated in the document drawn up and signed
by them on the 4th of April of the present year.
Neutral Ground.
In order to maintain these boundaries, there shall be estab-
lished neutral ground extending from the slopes on the opposite
side of the ravine to the summits of the mountains from one
side of the sea to the other, as is stipulated in the Act referred
to in the present Article.
ART IV. Boundary Commissioners to be Appointed.
Treaty of 24<th August, 1859, to be Ratified.
ART. V. His Majesty the King of Morocco shall ratify as
soon as possible the Convention which the Plenipotentiaries of
Spain and Morocco signed at Tetuan on the 24th of August
of the last year (1859).*
Confirmation of Territorial Concessions, §-c.
His Maroquine Majesty confirms from this day the terri-
torial concessions which by that international compact were,
made in favour of Spain, and the guarantees and privileges
Moorish Guards at Penon and Alhucemas.
and (all that relates to) the Moorish Guards at Penon and
Alhucemas, as expressed in Article VI of the Convention in
question, with reference to the frontier lines of Melilla.
Moorish Guards on Frontier Lines of Neutral Ground. Ceuta and
Melilla.
ART. VI. On the frontier lines of the neutral ground,
ceded by His Majesty the King of Morocco to the Spanish
* Page 894.
898
No. 187] SPAIN AND MOROCCO. [28 April, 1860.
LOcuta, Mellila, Ac.]
of Ceuta and Melilla, a Kaid, or Governor, shall bo
placed by His Majesty the King of Morocca, with regular
troops, to prevent and repress assaults on the part of the
Guards at Penon and Alhucemas.
the Moorish guards who are to serve at the garrison
of !Vu6n and Alhucemas, shall be placed on the sea shore.
Territory ceded to Spain to be respected by Moorish Subjects.
ART. VII. His Majesty the King of Morocco engages to
cause the territory which, by virtue of the stipulations of this
Treaty remains under the Sovereignty of Her Majesty the
Queen of Spain, to be respected by his own subjects.
Bight of Spain to erect Forts, fyc., to defend ceded Territories.
Her Catholic Majesty shall, nevertheless, have the right to
adopt all the measures she may deem necessary for the security
of the same, erecting on any part of them the fortifications
and defences which may be thought convenient, without any
obstacle whatever being put by the Moorish authorities.
Cession to Spain of Ground near Santa Cruz la Pequena for
Fishing establishment.
ART. VIII. His Maroquine Majesty engages to cede for ever
to Her Catholic Majesty on the coast of the ocean close to
Santa Cruz la Pequena,* ground that shall be sufficient for the
formation thereon of a fishery establishment, similar to that
which Spain possessed there in ancient times.
Limits to be defined by Commissioners.
In order to carry into effect the stipulation contained in this
Article, the Governments of Her Catholic Majesty and His
Maroquine Majesty shall come to a distinct understanding with
* Called in the Arabic version of the Treaty " Agadir." As soon as this
Treaty was signed, a question arose as to the exact 'ocality where the
cession was intended to be made.
899 3 R 3
*r
26 April, I860.] SPAIN AND MOROCCO. [No. 187
[Ceuta, Melilla, &c.]
each other, and appoint Commissioners on either side to mark
out the ground and limits which the establishment referred to
should have.
ART. IX. War Indemnity. 20,000,000 dollars, to be paid by
Instalments. Spanish Troops to remain in occupation of Tetuan ,
Sfc., until full payment be made.
ART. X. Spanish Missionary Station at Fez. Protection of all
Spanish Missionaries and their Property.
ART. XI. Piece of Ground to be granted near Spanish Con-
sulate at Tetuan for erection of a Spanish Church.
ART. XII. Permission to Spanish Representative to reside at
Fez or any other City in Moorish Dominions.
900
No. 188] SPAIN AND MOROCCO. [30 Oct., 1861.
[Limits of Fortress of Melilla, &c.]
No. 188. — TEE AT Y of Peace between Spain and Morocco.
at Madrid, 30th October, 1861.*
DIFFERENCES having arisen respecting the fulfilment of the
Melilla Boundary Convention of 24th August, 1859 (No. 186),
and the Treaty of 26th April, 1860 (No. 187), another Treaty
was concluded between Spain and Morocco on the 30th
October, 1861, which contained the following stipulations : —
Spanish Evacuation of Tetuan.
ART. I. The Spanish troops shall evacuate the city of Tetuan
and its territory as soon as the delivery of 3,000,000 of dollars
in cash to the persons commissioned by the Government of Her
Majesty the Queen to receive them shall be effected.
ART. II. War Indemnity to be paid with Half the Produce of
the Moorish Custom, Souses.
ART. III. Date of commencement of Payment of Customs
Receipts.
Limits of Fortress of Melilla.
ART. IV. The demarcation of the limits of the fortress of
Melilla shall be made in conformity with the Convention of
24th August, 1859 (No. 186), confirmed by the Treaty of
Peace of 26th April, 1860 (No. 187). The surrender of those
limits to the Government of Her Majesty the Queen of Spain
shall inevitably take place before the evacuation of the city of
Tetuan.
ART. V.f A 'Commercial Treaty to be signed before Evacua-
tion of Tetuan.
ART. VI. Establishment of House of Missionaries at Tetuan.
ART. VII. Conditions of Stipulations of Treaty to be fulfilled
within Five Months.
* S.P., Tol. liii, p. 1052. This Treaty was confirmed by Art. LXI of
the Commercial Treaty, of 20th Nov., 1861. S.P., vol. liii, p. 1089.
t A Treaty for regulating the commercial relations between the two
countries, the attributes and privileges which Spanish Consuls might enjoy
in Morocco, Consular Jurisdiction, and other matters was concluded at
Madrid on the 20th November, 1861. S.P., vol. liii, p. 1089.
901
1861—1894.] SPAIN AND MOROCCO. [No. 188
[Limits of Fortress of Melilla, &c.]
Confirmation of Articles of Treaty of 26th April, 1860, not Modi-
fied or Abrogated.
ART. VIII. The Articles of the Treaty of Peace of 26th
April, 1860 (No. 187), which have not been modified or abro-
gated by the provisions of the present Treaty remain in full
force and vigour.
This Treaty shall be ratified at the earliest date possible,
and the exchange of the Ratifications shall be effected at
Tangiers within a period of twenty days.
In October — November, 1893, hostilities ensued between the
authorities of the Spanish Fortress and Territory of Melilla
and the Moors in the neighbourhood ; but which was ter-
minated by a Treaty signed in the City of Morocco, on the
5th March, 1894. The following is an abstract of its stipula-
tions : — *
ART. I. Riffinian authors of occurrences of October — Novem-
ber, 1893, to be punished, in accordance with Treaty of 26th
April, 1860 (p. 897).
ART. II. Demarkation of Boundaries of Fortress of Melilla
and its neutral ground, in accordance with Convention of 24th
August, 1859 (p. 894), and Act of 26th June, 1862 (p. 897).
Commissioners to be appointed. Neutral zone to be evacuated
by present inhabitants.
ART. III. Cemetery and Mosque of Sidi Aguariach.
ART. IV. A Moorish Caid, with a detachment of troops, to
be maintained in the neighbourhood of Melilla, and of the
Spanish Fortresses of Chafarinas, the Rock of Los Velez or La
Gomera, and Alhucemas, in conformity with Treaties of 24th
August, 1859 (p. 894), and 26th April, 1860 (p. 897).
ART. V. Appointment of Moorish Pacha for district of
Melilla ; his powers.
ART. VI. 4,000,000 dollars to be paid by Morocco to Spain,
by instalments, as indemnity for events of October — November,
1893. Right of Spain to " intervene " in Moorish Custom-
houses, in event of indemnity not being punctually paid. No
loan to be negotiated by Morocco until indemnity be paid.
ART. VII. Convention to be ratified.
* Spanish Red Book. " Affairs of Morocco," 1894.
902
SWAZILAND
No. 189] SWAZILAND. [1881—1894
[Swaziland and South African Republic.]
No. 189.— NOTES on Swaziland, 1881—1894.
On the 3rd August, 1881, a Convention was concluded
between Great Britain and the Transvaal (South African
Republic), by Article XXIV of which the Independence of the
Swazis was recognized within certain boundaries which were
described in Article I of that Convention (p. 847).
On the 27th February, 1884, another Convention was con-
cluded between Great Britain and the South African Republic,
to replace the Convention of 1881. By Article I of this Con-
vention, the South Western Boundary of Swaziland was
amended, and the independence of the Swazis declared (by
Article XII) to be recognized, within the boundary line of
Swaziland as indicated in Article I of that Convention
(p. 856).
A dispute having arisen respecting the South West
Boundary of the Republic, it was referred to the arbitration of
the President of the Orange Free State, who pronounced his
decision on the 5th August, 1885 (p. 858).
On the ^f/u'Lt' 1890, a Convention was signed between
Great Britain and the South African Republic, for the settle-
ment of the affairs of Swaziland (p. 868), and on the 8th
November, 1893, another Convention was signed with the same
object ; but on the 19th December, 1894,* another Convention
was signed in substitution of those two Conventions, which
confirmed Article X of the Convention of 1890 (which stipu-
lated for the non-extension of the South African Republic,
and the non-conclusion of Treaties with Native States cr Tribes
to the north or north-west of the existing boundary of the
Republic), and Article XXIV (which provided for the inclusion
of the " Little Free State " within the territory of the South
African Republic).
* See App. 25, p. 1029.
903
TUNIS.
TUNIS.
LIST OF TREATIES, &c.
No. Page
190 1863—1883. Notes on Tunis 906
— 8 Aug., 1830. Treaty. Tunis and France. Coral Fishery. Island of
Tabarque 906
— 24 Oct., 1832. Treaty. Ditto. Ditto. Ditto 906
— 10 Oct., 1863. Convention. Tunis and Great Britain. Real Property 906
• 23 Oct., 1871. Firman. Boundaries 906
— 19 July, 1875. Convention. Tunis and Great Britain. Consular Juris-
diction 907
— 12 May, 1881. Treaty. Tunis and France. Peace. Temporary French
Occupation, &c 907
See also Great Britain and France.
— 16 May, 1881. Protest. Turkey against Treaty between France and
Tunis, of 12th May, 1881 910
905
1863-1881,3 TUNIS. [No. 190
[Boundaries, &c.]
No. 190.— Notes on TUNIS. 1863-1881.
Coral Fishery. Island of Tabarque.
On the 8th August, 1830, a Commercial Treaty was con-
cluded between France and Tunis, by Article V of which the Bey
of Tunis restored to France the exclusive right to the coral
fishery, from the limits of the French Possessions as far as
Cape Negro, such as they were possessed by her before the
war of 1792. It was further agreed that the ancient pro-
perties, buildings, ships, and various erections on the Island
of Tabarque should also be restored.
A further Convention respecting the coral fishery and the
grant of a residence to the French Agent on the Island of
Tabarque was signed between France and Tunis on the 24tb
October, 1832.*
Holding of Real Property by British Subjects.
On the 10th October, 1863,f a Convention was concluded
between Great Britain and Tunis, which admitted the right
of British subjects to hold real property in Tunis, subject to
local laws and regulations ;
Boundaries.
On the 23rd October, 1871, J & Firman was addressed by the
Sultan to the Pasha or Bey of Tunis, which contained the
following passage with regard to the boundaries of that pro-
vince : — " In accordance with the request contained in the
Report which you have recently submitted to us, we confirm
you in the government-general of the said ' Eyalet ' or pro-
vince of Tunis, which will retain its boundaries, such as they
exist ab-antiquo, while granting you, in addition, the privilege
of hereditary succession ; " on certain conditions which were
specified.
* S.P., Tol. xix, 1052 ; TO!, xxii, p. 1352.
t H.T., vol. xi, p. 1118.
J S.P., vol. Ixi, p. 104.
906
No. 190] ii MS \M> i May, 1881.
[French Protection, Ac.]
British Consular Jurisdiction. Rfal I'mpcrfy, $'r,.
On the 19th July, 1875,* a General Convention was con-
cluded between Great Britain and Tunis, for revising arid
improving the Treaties previously concluded between the two
countries. By this Convention, the Convention of 10th October,
1863, was expressly confirmed (seo Articles V, XVII, and
XLII). By Article V it was also declared that British subjects,
vessels, commerce, and navigation should enjoy, without any
restriction or diminution, all the privileges, favours, and immu-
nities which were then, or which might thereafter be granted
to the subjects, vessels, commerce, and navigation of any other
nation whatever. This Convention also contained stipula-
tions, among others, with regard to the exercise of jurisdiction
in criminal and civil cases by Her Majesty's Agent and Consular
Officer in the Regency.
In the spring of the year 1881 disputes arose between the
French Government and the Bey of Tunis, which led to hostili
ties; they were, however, terminated by the following Treaty
which was signed at Casr-Said, on the 12th May, 1881 : — f
Treaty of Peace between France and Tunis.
(Translation.)
" The Government of the French Republic and that of His
Highness the Bey of Tunis, wishing to prevent for ever the
renewal of the disturbances which have recently occurred on
the frontiers of the two States and on the Tunisian coast, and
being desirous of drawing closer their ancient relations of
friendship and good neighbourhood, have determined to con-
clude a Convention to this effect, in the interest of the two
High Contracting Parties.
" In consequence, the President of the French Republic has
named as his Plenipotentiary M. le General Breard, who has
agreed with His Highness the Bey upon the following stipula-
tions : —
* H.T., vol. xir, p. 541.
t S.P., vol. lixii, p. 247.
907
907 3 s 2
12 May, 1881.] TUNIS AND FKANCE. [No, 190
[French Protection, &c.]
Confirmation of existing Treaties between France and Tunis.
" ART. I. The Treaties of Peace, Friendship, and Commerce,
and all other Conventions actually existing between the French
Republic and His Highness the Bey of Tunis, are expressly
confirmed and renewed.*
Temporary Occupation by French Troops of certain points in
Tunis.
"ART. II. With a view of facilitating the accomplishment by
the French Republic of the measures which it will have to take
in order to attain the end proposed by the High Contracting
Parties, His Highness the Bey of Tunis consents that the
French military authorities should occupy the points which
they may deem necessary to ensure the re-establishment of
order and the security of the frontiers and of the coast.
French Occupation to cease on re- establishment of Order.
" This occupation shall cease when the French and Tunisian
military authorities shall have recognized by common consent
that the Local Administration is capable of guaranteeing the
maintenance of order.
French assistance to be afforded to the Bey.
" ART. III. The Government of the French Republic under-
takes to give constant support to His Highness the Bey of
Tunis against any danger which may menace the person or
dynasty of His Highness, or which may compromise the tran-
quillity of his States.
Guarantee of existing Treaties between Tunis and Foreign Powers.
"ART. IV. The Government of the French Republic
guarantees the execution of the Treaties at present existing
between the Government of the Regency and the different
European Powers.f
* See Conventions, France and Tunis, 21st May, 1824, S.P., vol. xiv.,
p. 712, and 8th August, 1830, S.P., vol. xix, p. 1050.
t See Convention, Italy and Tunis, 8th September, 1868, vol. lix, p. 1280;
and List, in S.P., vol. Ixiv, p. 1466.
908
No. 190] TUNIS AND FRANCE. [12 May, 1881.
[French Protection, Ac.]
Appointment of a French Minuter- Resident in Tunis.
" ART. V. The Government of the French Republic shall be
represented near His Highness the Bey of Tunis by a Minister-
Resident, who will watch over the execution of the present
instrument, and who will be the medium of communication
between the French Government and the Tunisian authorities
for all affairs common to the two countries.
French Diplomatic and Consular Agents to protect Tunisian
Interests abroad.
" ART. VI. The Diplomatic and Consular Agents of France
in foreign countries will be charged with the protection of
Tunisian interests and of the nationals of the Regency.
No International Act to be conducted by the Bey icithout French
authority.
" In return, His Highness the Bey undertakes to conclude
no act having 'an international character without having com-
municated it to the Government of the French Republic, and
without having previously come to an understanding with
them.
Tunisian Finances and Creditors of Tunis.
" ART. VII. The Government of the French Republic and the
Government of His Highness the Bey of Tunis reserve to them-
selves the right to fix, by a common agreement, the bases of a
financial organization of the Regency, which shall be of a
nature to assure the service of the Public Debt, and to
guarantee the rights of the creditors of Tunis.
War Contributions to be imposed on unsubdued Tribes.
"ART. VIII. A war contribution will be imposed on the un-
subdued tribes on the frontier and on the const. A further
Convention will settle the amount of it and the method of
collecting it, for which the Government of His Highness the
Bey hold themselves responsible.
909
12 May, 1881.] TUNIS AND FRANCE. [No. 190
[French Protection, &c.]
Prevention of introduction of Arms, fyc., into Algeria through
Tunisian Territory.
" ART. IX. In order to protect the Algerian possessions of the
French Republic against the smuggling of arms and munitions
of war, the Government of His Highness the Bey of Tunis un-
takes to prohibit any introduction of arms or of munitions of
war by the Island of Djerba, the Port of Gabes, or the other
ports of the south of Tunis.
Ratification.
" ART. X. The present Treaty will be submitted for the rati-
fication of the Government of the French Republic, and the
instrument of ratification will be returned to His Highness the
Bey with as little delay as possible."*
Treaty rights of Foreign Powers to be maintained.
After the conclusion of this Treaty, an exchange of notes
took place between the British and French Governments (16th
and 20th May, 1881), by which it was agreed that the Con-
ventions then existing between Tunis and Foreign Powers
should be maintained and respected. (See GREAT BRITAIN AND
FRANCE, p. 548.)
PROTEST OF THE PORTE AGAINST THE FRENCH TREATY.
The Porte protested against the conclusion of this Treaty in
the following terms : —
* A Law was passed on the 27fch May, 1881, authorizing the President
of the French Republic to ratify this Treaty.
910
No. 190] TUNIS AND FRANCE. [16 May, 188L
[Protest of the Porte against French Treaty of 1881.]
(1.) Assim Pasha tu Mururus Pasha*
9 (Translation.)
(Telegraphic.) Constantinople, May 16, 1881.
" WK did not fail, when the events which have just taken
place at Tunis occurred, repeatedly to bring to the notice of the
Signatories of the Berlin Treaty the full and entire sovereign
rights of the Sublime Porte over that province, an integral
portion of the Ottoman Empire. Those rights, established ab
antiquo, have been exercised by the Turkish Government with-
out interruption up to the present day, and have obtained
recognition from the Powers in general.f
" Nor did we fail, both before and after the entry of French
troops into Tunis, to propose that a friendly understanding
should be come to between the Sublime Porte and the Govern-
ment of the French Republic with the view of reconciling our
rights with the interests of France, and of thus removing all
grounds for the complaints made by the latter country of the
raids of certain Berber tribes, which raids the authorities of
Tunis had declared themselves ready to repress without delay
from the first commencement of the quarrel.
" The Pasha of Tunis and the people entrusted to his govern-
ment by Imperial Firman, on their side, appealed, as was their
duty, to the Suzerain Court for the purpose of laying before it
the critical situation in which they found themselves placed by
the advance of French troops into their country, and of urgently
requesting us, as their legitimate rulers, to come to their
assistance.
" No attention was paid to our markedly conciliatory pro-
posals, nor to the irrefutable proofs which we adduced in
support of our rights; nay, more, the Government of the
* Communicated by Musurus Pasha to Earl Granville 18th May, 1881.
t On the 23rd October, 1871, a Firman was addressed by the Sultan to
th« Pasha of Tunis, relative to the remission of the customary presents, the
right to civil and financial administration, restrictions in foreign rela-
tions, the right of hereditary succession, coinage, the Imperial flag, and
the obligation of sending a contingent of troops in case of war. (See S.P.,
vol. Ixi, p. 104.)
911
16 May, 1881.] TUNIS AND FRANCE. [No. 190
[Protest of the Porte against French Treaty of 1881.]
French Republic thought fit to deny the existence of the imme-
morial ties of vassalage which bind Tunis to the Ottoman
Empire, by asserting the alleged independence of that country,
and thus to run counter to all our remonstrances, and in spite
of the protests of the Governor- General and people, by gradu-
ally occupying the greater part of the territory of Tunis, and,
finally, by forbidding us, in a peremptory and threatening
manner, to send a single ship to the spot.
" By way of supplementing a line of action which, we regret
to say, we cannot refraiu from regarding as utterly contrary to
all international obligations, the Government of the Republic
has just presented to the French Chambers the Treaty con-
cluded by it on the 12th instant with His Highness the Pasha
of Tunis. This Treaty the Pasha was forcibly compelled to
submit to in the face of the pressure which was being brought
to bear upon the country and the imminent danger which
threatened it.
" It is a duty which we owe to ourselves and to the country
to repudiate this document, all the clauses of which overthrow
the legitimate order of things established in Tunis, and deal
the most serious blow to the sovereign authority and integrity
of the Empire, both of which are guaranteed by Treaties.
" The Sublime Porte therefore regards it as a duty to protest
in the most emphatic terms and in the most solemn manner
against the validity of this Treaty, which it declares to have
been concluded under circumstances abnormal in their character
and in contravention of the rights of the Sultan, and to possess,
in consequence, in his eyes, as well as in those of His Highness
the Pasha, and of the people of Tunis, the subjects of His
Imperial Majesty, no value or legal force, either in its whole, or
in any of its parts.
" I request you to communicate this protest, officially and
without the slightest delay, to His Excellency Her Britannic
Majesty's Minister for Foreign Affairs."
912
No. 190] TUNIS AM> FRANCE. 16 May 1881.
[Protest of the Porte against French Treaty of 1881.]
(Translation.)
(2.) Jnclofitre.
(Telegraphic.) Constantinople, May 15, 1881.
"I HASTEN to transmit herewith to your Excellency the
telegram which His Highness the Pasha of Tunis addressed
to us nnder date of yesterday : —
" I informed your Highness that the General in command
of the French column which was, as I announced to your
Highness, at Gecleida, approached my residence on Thursday
evening. He then came to my Palace accompanied by a force
of cavalry, and submitted for my signature a Protectorate
Treaty, while declaring that he would not leave the Palace
without my answer, for which he only gave me four hours."
" Seeing myself under the pressure of force, owing to the
presence of an army near my residence, I was bound, by my
honour, and in order to avoid bloodshed, to sign this Treaty,
without examining or in any way discussing it, while 1 declared
to him that I signed it under the pressure of force."
" As you will observe, the P.osha declares categorically that
he signed the document in question in spite of himself, and
under the influence of the pressure which was being exercised
upon his Highness.
" Conformably to the tenour of your various telegrams, the
Sublime Porte had warned Mehemmed Sadik Pasha not to
accept or sign any Treaty without having previously referred it
to the Sovereign Court, and had ordered him at the same time
to acquaint the English Consul- General at Tunis with this fact,
and, in case of need, to consult him.
" To-day the Governor- General is forced by violent proceed-
ings to append his signature to a Treaty which entirely reverses
the order of things established in Tunis, thereby completely
violating the status quo to a modification of which the English
Cabinet declared its inability to consent.
" In any case so grave and unexpected an occurrence could
hardly, we should think, be passed over by Her Britannic
Majesty.
" Please, therefore, to call Lord Granville's most serious
913
16 May, 1881.] TUNIS AND FEANCE. [No. 190
[Protest of the Porte against French Treaty of 1881.]
attention thereto, and tell him that we are convinced that his
Lordship could not view with indifference a mode of procedure so
contrary to the rights of nations, as well as to general interests,
and that he will be so good as to intervene with a view to
bring about the understanding which we have so often proposed.
We are awaiting with the keenest impatience the measures
which the British Government intend taking to bring about the
modification of a Treaty which, as I have just said, not only
ignores the principles of international law, but is further of a
nature to create an unfortunate precedent.
Views of the British Government on the Turkish Protest.
(3.) Earl Granville to Musurus Pasha.
M. 1'Ambassadeur, Foreign Office., June 16, 1881.
" WHEN your Excellency did me the honour of calling at the
Foreign Office on the 14th instant you expressed a wish to be
furnished with a written answer to the communications respect-
ing Tunis which you were good enough to leave with me on the
18th ultimo.
" The first of those communications seems to have been in-
tended to be received in the nature of a protest, and has, I
presume, been addressed to all the other Powers as well as Her
Majesty's Government. It does not call for any expression of
opinion on the part of Her Majesty's Government, and under
the actual circumstances, I abstain from offering any.
" With regard to the second despatch, in which Assim Pasha
states that Her Majesty's Government had declared that they
would not consent to a modification of the status quo in Tunis,
I have the honour to point out to your Excellency that Her
Majesty's Government have only said that they were favourable
to its maintenance, but they have never stated that they would
not consent to any change in it.
" I have to add that Her Majesty's Government would have
been quite ready to offer their mediation, in common with the
other Powers who signed the Treaty of Berlin,* had they had
* 13th July, 1878.
9] 4
No. 190] TUNIS AND i i: \ NCI:. Mar,-Dec., 1883.
[Protest of the Porte agulnat French Treaty of 1881.]
any reason to bcliovo that those Powers would have agreed to
join in such an offer, or that Franco would have accepted it had
such an agreement been arrived at.
" I have, Ac.,
" GBANVILLE."
On the 18th May, 1881, the Order in Council which was
passed on the 12th December, 1873, for regulating the exercise
by Her Majesty of power and jurisdiction over British subjects
in the Ottoman Dominions (Sees. 95 and 270 of which related
to Tunis), was amended by anotlier Order, with special
reference to the exercise of British Consular Jurisdiction in the
regency of Tunis.*
On the 27th March, 1883, a French Law was passed for the
organization of French tribunals in Tunis,t and on the 5th
May following, a Decree relating to the same subject was issued
by the Bey of Tunis ;+ in consequence of which another Order
in Council was issued, on the 31st December, 1883, declaring
British Consular Jurisdiction in Tunis to be abolished. J
Other Foreign Nations have also passed Laws abolishing,
or suspending, Consular Jurisdiction in Tunis. §
* H. T., vol. xv, p. 414.
t H. T., vol. iv, p. 1059.
£ H. T., vol. zv, p. 1062.
§ S.P., vol. Ixxv, p. 1413.
915
TURKEY.
TURKEY.
LIST OF DOCUMENTS.
No. Page
191 Notes on the Ottoman Dominions 918
— 16 May, 1881. Protest against Treaty between France and Tunis, of
12th May, 1881. (See Tunis, p. 910.)
192 16 Dec., 1889. Ottoman Law, for the Prohibition of the Traffic in
Black Slaves 919
917
1830-1894.] TUEKEY. [No. 191
[Ottoman Dominions.]
No. 191— Notes on the OTTOMAN DOMINIONS.
The claims of the Sultans of Turkey to sovereignty over the
northern and eastern parts of Africa were formerly very exten-
sive, but during the present century, and especially during the
last few years, these territories have gradually, one by one,
been slipping away from their grasp.
Algiers, for instance, up to the beginning of the 19th century
was governed by a Dey, nominally subject to the Sultan of
Turkey, but it is now a French possession. (See p. 287.)
Tunis was, by an Ottoman Decree dated 25th October, 1871,
declared to be still an integral part of the Ottoman dominions ;
but by a Treaty between France and the Bey of Tunis dated
the 12th May, 1881, it was placed under French protection, and
it still remains so, notwithstanding the Protest made by the
Sultan against the interference with H.I.M.'s sovereign rights.
(Seep. 907, 911.)
Egypt is still under the sovereignty of the Sultan of Turkey;
but in February, 1841, the Government of the province was
placed in the hands of Mehemet Ali and his descendants for-
ever. The frontiers of the Egyptian territory on the west coast
of the Red Sea are now limited to the Bay of Ras Roway in
21° 5' north latitude. (See p. 259.)
The Coast of the Red Sea, from Amfila to Ras Dumeira,
is now under the protection of Italy (see ABYSSINIA, &c., AND
ITALY, p. 11), and the Danakil and Somali Coast from Ras
Dumeira to Ras Jiburti, outside the Straits of Babelmandeb,
is now under the protection of France. (See FBANCE, AFRICA
(EAST COAST), p. 207, and Appendix, p. 834.)
The Somali Coast, from Ras Jiburti to Bunder Ziadeh, is
now under British protection. (See SOMALI COAST.)
Tripoli is still a tributary province of the Ottoman Empire,
administered by a Pasha.
918
No. 192] TURKEY. [18 Deo., 1889.
[Ottoman LAW. Black Slave*.]
NO. 192. — LA W Sftlirt /»»/»•// /<// I,n/»-ri"l I. tkt
bitionoftJie Traffic in 111 m- 1: Slaves. \(\th />•
[Referred to in " Hm^ds Act" of '2nd July, 1890 (No. 18),
Article 68, p. 77.]
(Translation.)
1. THE traffic in black slaves in the Ottoman dominions,
their import into any part of the Ottoman Empire or its de-
pendencies, and their transit by sea or land through the
Ottoman dominions and export to foreign countries is for-
bidden.
2. Black slaves accompanying their masters or mistresses
abroad as domestic servants, or found on board merchant-
vessels as part of the crew, are excepted from this prohibition.
But the owners of black domestic servants must have in their
possession a certificate showing in what capacity their servants
accompany them, and giving their ages and descriptions ; and
the number and descriptions of black slaves serving on board
ship as part of the crew, as well as the nature of their employ-
ment, must be entered on the ship's articles.
3. Black slaves whose owners have no such certificate, or
who are not registered in the ship's articles, as required in
Article 2, shall be considered free, and shall be furnished with
certificates of manumission by the Court, or, if there is no
Court, by the local authorities, and their owners looked upon as
slave-dealers. But if these latter prove that they are not
slave-dealers they shall be exempt from the penalty provided by
law.
4. Passports shall be given to free blacks about to travel
abroad from the Ottoman dominions showing that they are free
men and at liberty to dispose of themselves without restriction
or reserve. But in the official papers which, according to
Article 2, are required for blacks accompanying their owners as
domestic servants, their age, descriptions, and the capacity in
which they accompany their masters must be Bet forth.
5. Persons proved to be directly or indirectly concerned in
919 8 T
16 Dec., 1889. ] TURKEY. [No. 192
[Ottoman Law. Black Slaves.]
the black slave trade, contrary to the prohibition contained in
Article 1, as well as their assistant? and the captains of ships
which carry slaves, shall, for the first offence, be condemned to
one year's imprisonment, and in case of repeated convictions the
sentence shall be increased each time by one year. And in any
case the slaves found in their possession shall be seized without
compensation, and furnished with certificates of manumission
according to Article 3.
6. If among the slaves seized in virtue of the prohibition
there are any infants or minors, the persons dealing in them,
and if any mutilation or other operation forbidden by law be
found to have taken place, the authors of such crime shall, in
addition to the punishment provided in Article 5, be con-
demned to the penalties provided in the special Articles of the
Penal Code.
7. On any crime, such as the mutilation mentioned in
Article 6, or slave traffic in infants and minors, being reported
or witnessed in any part of the Ottoman Empire, the officers of
the Civil Government shall, within the limits of their com-
petence according to law, arrest and imprison the accused
persons and hand them over to the competent Court, together
with the proces-verbal embodying the preliminary investiga-
tions and an}- other documentary evidence which may lead to
their conviction.
8. According to the Convention concluded between Turkey
and England on the llth Bebi-ul-Akhar, 1297,* the ships of
war of the two countries, upon falling in with any slavers, shall
seize them, with all materials and property on board, whether
they fly the Turkish or English flag. And of these vessels,
those flying the English flag shall, when captured by Turkish
ships, be handed over to the English Government in order that
the provisions of the law may be applied to them, and the
promised bounties obtained from them ; and likewise ships
engaged in the black slave trade flying the Turkish colours,
which shall be captured by the cruizers of the two countries,
shall be handed over to the Ottoman Government and the
formalities connected with the bounties shall be fulfilled.
• 25th January, 1880. H.T., vol. TT, p. 417.
920
•We. 192. v. [1884 1888.
[Baain of Upper Nile. Gulf of Tajourra. Somali Coait.]
'.'. On :i r«H0l in \\liidi negro slaves are found h.-in^ <-aj.-
tnrcd .-mil In. tin- Turkish authorities, :i fi:
5 Turkish lii;i> lor vo ahall l)i- infliVtrd \>\ the Conrt on
the o\vnrr, or, it' lie lie rlsew Ix-iv, on t ho captain of the .ship, and
given us Itonnty to tlio ollirers :nid rrcw of tin; rapturing
cruiser, and tl>e oo&t* of tlio trial Rliall be separately levied on
belmlf of the t'onrt. It' the owner or the captain of the rjiji-
tured VCSrifl rd'usu to pay the suiil fine and the i-xju-iises of the
Court, a portion of the property belonging to the vessel, not
being the cargo, sufficient to cover the above mentioned fine and
expenses — and if a portion does not suffice, the whole of it —
shall be sold by auction by the Court, and if this does not meet
the case, the vessel shall be sold by the Court ; and in this case,
after subtracting from the price of the vessel the expenses of
the trial and the bounty money, the surplus, if there be any,
shall be handed over to the owner of the vessel. The judg-
ments issued by the competent Courts for the sale of the vessel,
materials, and property shall be absolute.
10. In the trials which take place in connection with the
black slave traffic the Public Prosecutor shall carry out the
duties which belong to them by law, and the commander of the
war vessel which captured the slaver may also be present at
such trials as private prosecutor.
22 Bebi-nl-Alihar, 1307 (December 4 (16), 1889).
Claims of Turkey and Egypt in Basin of the Upper Nil<:
On the 12th May, 1884, an Agreement was entered into
between Great Britain and the King of the Belgians, Sovereign
of the Congo State, respecting the spheres of influence of
Great Britain and the Congo State in East and Central Africa,
to which notes were added giving assurances that the parties
to the Agreement did not ignore the claims of Turkey and
Egypt in the Basin of the Upper Nile. (See APPENDIX.)
Claims of Turkey in Gulf of Tajourra and on the Somali Coast.
On the 2nd — 9th February, 1888, an Agreement was entered
into between the British and French Governments, with regard
831 S T 2
I Feb., 1898.] TURKEY. [No, 192
[Gtalf of Tajourra. Somali Coast.]
to their respective rights in the Gulf of Tajourra and on the
Somali Coast ; but, before its conclusion, the Turkish Ambas-
sador requested that, in any understanding "which might be
arrived at on the subject, the rights of the Sultan might be
respected; an assurance to that effect was accordingly given
by the Marquis of Salisbury to the Turkish Ambassador, and
M. Waddington, the French Ambassador, was so informed
(9th February, 1888). (See p. 973.)
932
ZANZIBAR.
ZANZIBAR
LIST OF TRKATIKS WITH KOKKICN 1'oWKRS, Ac.
ZANZIBAR AND Al'KICA i CKNKHAL).
No.
L'»; Feb., l^-V •• li.-i-lm Art." (See Africa (Gcr.rra!)).
193 8 Nov., 188G. Adhesion of Zanzibar to ditto ............... ..... 925
2 July, 1890. " Brussels Act." (See Africa (General)).
ZANZIBAR AND AUSTRIA- HUNGARY.
194 1 1 Aug., 1887. Treaty. Consular Jurisdiction, &c ................. 926
ZANZIBAR AND BELGIUM.
195 80 May, 1885. Treaty. Consular Jurisdiction, ic .................
ZANZIBAR AND BRITISH EAST AFRICA COMPANY.
(See British East Africa Company.)
ZANZIBAR AND FRANCE.
196 17 Nor., 1844. Treaty. France and Muscat. Consular Jurisdiction,
&e. (See also Great Britain and France. Declara-
tion respecting Independence of Sultans of Muscat
and Zanzibar .................................. 927
ZANZIBAR AND GERMANY.
197 20 Dec., 1885. Treaty. Consular Jurisdiction, &c. (See also Great
Britain and Germany. Agreements respecting Inde-
pendence and Limits of Zanzibar) .......... . ..... 930
ZANZIBAR AND GERMAN EAST AFRICA COMPANY,
198 28 April, 1888. Concession. Administration by Company of Terri-
tories, lie., on the Mrima and south of the River
Umba ........................................ 933
199 4 June, 1888. Agreement. Custom Houses, &c ................... 941
200 13 Jan., 1890. Supplementary Agreement. Regie or Lease of
Zanzibar Customs Duties to the Association ..... . 943
ZANZIBAR AND GREAT BRITAIN.
(See Great Britain and Zanzibar.)
923
LIST OF TREATIES, &0.
ZANZIBAR AND ITALY.
No. Page
201 28 May, 1885. Treaty. Consular Jurisdiction, &c 945
10 Oct., 1885. Add. Art. Application of above Treaty, subject to
Italian Laws 948
202 8 April, 1890. Notification. Concession granted by Zanzibar to
British East Africa Company of administration of
Ports north of Kismayu and of Brava, Meurka,
Magasdischo, and Warsheikh transferred to Italy . . 949
203 12 Aug., 1892. Concession by Zanzibar to Italy. Benadir Ports : —
Brava, Meurka, Magadisho, and Warsheikh 950
204 15 May, 1893. Agreement. Provisional Administration of the
Benadir Ports for three years by the Italian Go-
vernment 958
ZANZIBAR AND MUSCAT.
205 2 April, 1861. Award. Governor-General of India. Independence
of Sultans of Zanzibar and Muscat 961
ZANZIBAR AND PORTUGAL.
206 23 Oct., 1879. Treaty. Consular Jurisdiction, &c 963
ZANZIBAR AND UNITED STATES.
207 21 Sept., 1833. Treaty. Consular Jurisdiction, Ac 965
208 3July, 1886. Convention. Do 966
[For Declarations between Great Britain and France of 10th March, 1862, and
5th August, 1890, respecting the Independence of Zanzibar, see Great Britain and
France, pp. 547, 570. For Accession of Germany thereto, of 29th October, 1886,
•ee p. 618 ; for Proces- Verbal containing the unanimous opinions of the delegates
of Great Britain, France, and Germany with reference to the Maritime, Littoral,
and Continental Possessions of the Sultan of Zanzibar; and exchange of Notes
upon the subject between the British and German Governments, of 29th October —
lit November, 1886, see Great Britain and Germany, pp. 605, 615.]
924
No. 193] ZANZIBAR. (AFRICA. GENERAL.) [8 Nov., 188C
[Accession. " Berlin Act."]
No. 193.— ADHESION of the Sultan of Zanzibar to
the Berlin Act, of 26th February, 1885 (urith a rcttrva-
iuni). Zanzibar, 8th 1C- 1886.*
(Translation.)
THE Sultan of Zanzibar and its dependencies, in conformity
with Article XXXVII of the General Act of the Berlin Confe-
rence (No. 17), declares, by these presents, that ho adheres
to the stipulations of the said General Act, with the reservation
that his adhesion to the said Act shall not entail or shall not
be supposed to signify his acceptance of the principle of free
trade, which, according to Article I of the said Act, shall not
be applicable to his territories in the eastern zone which is
therein defined, except in so far as he shall assent thereto.f
Done at Zanzibar, the 8th day of November, 1886.
(L.S.) (Signature in Arabic.)
* S. P., vol. Ixxvii, p. 816. Communicated by Count Hatzfeldt to the
Marquis of Salisbury, January 24th, 1897. Zanzibar was a Signatory Party
to the Brussels Act of 2nd July, 1890. See Africa (General), p. 48.
t On the 22nd June, 1892, it was notified by the British Government to
the Signatory Powers of the Berlin Act, that on the 1st July of that year
Zanzibar would be under the Free Trade provisions of Art. I of that Act.
(See Appendix.)
925
•0 May) 188?:] ZANZIBAR & AUSTRIA, & BELGIUM. [Nos. 194-5
[Cousular Jurisdiction, &c. J
No. 194. — TREATY. Austria-Hungary and Zanzibar.
Consular Jurisdiction, &c. Signed at Zanzibar, 11th
August, 1887.*
Appointment of Consuls. Most-favoured-nation Treatment.
(Translation.)
(Extract.)
" ART. II. His Majesty the Emperor and King shall have the
right to appoint Consuls in the dominions of His Highness the
Sultan of Zanzibar. These Consuls shall be treated 011 the
same footing, and shall enjoy the same privileges, immunities,
and exemptions as those of the most favoured nation.
" His Highness the Snltan of Zanzibar shall likewise on his
side have the right to appoint Consuls in Austria-Hungary,
who shall enjoy the same rights, immunities, and privileges as
those of the most favoured nation."
No. 195. — TREATY. Belgium, and Zanzibar. Consular
Jurisdiction, <fec.| Signed at Zanzibar, 30th May, 1885.J
(Translation.)
(Extract.)
Appointment of Consuls. Most Favoured Nation Treatment.
"ART. II. His Majesty the King of the Belgians may
appoint Consuls in the dominions of His Highness the Sultan
of Zanzibar. These Consuls shall be treated on the same
footing, and shall enjoy the same privileges, immunities, and
exemptions as those of the most favoured nation."
* S.P., vol. IxxYiii, p. 942. Ratified at Vienna, 22nd October, 1888.
f Signed also in the Arabic language. S.P., vol. Ixxyi, p. 29Q.
J Ratifications exchanged at Zanzibar, 15th October, 1886.
926
No.196] /AN/MIX u (Mi si \ i 17Nov.,1844
[Consular Jurisdiction, Ac.]
No. 196.— TR EA TV. France and Muteat. Consular J
diction, a'r. $i'jne<l ut Z'in:if'">-, \"t(h Xm-finn,'!-, 1844.*
(Translation.)
Purchase and >'-</••, .V'*-, "/ Lands and Houses.
( Extracts.)
" AKT. Ill.f The French shall have the power of buying,
selling, and leasing land, houses, and warrhoiisi/s in tin-
dominions of His Highness the Sultan of Muscat. No one
shall, under any pretext enter the houses, warehouses, or other
property belonging to or occupied by French subjects, or by
persons in the employ of French subjects, or visit them without
the consent of the occupier, unless with the intervention of the
Ki t-nch Consul.
Non-Detention of Frond m-'n.
44 Frenchmen shall on no account be detained against their
\vill in the dominions of the Sultan of Muscat.
French Protected Persons.
" ART. IV. The subjects of His Highness the Sultan of
Muscat who shall be in the service of Frenchmen shall enjoy
the same protection as Frenchmen themselves ; but, if the
subjects of His Highness are convicted of any crime or infrac-
tion punishable by law, they shall be dismissed by the French
in whose service they may be, and handed over to the local
authorities.
Appointment of Consuls. Most-favoured-nation Treatment.
" ART. V. The High Contracting Parties reciprocally recog-
nize the right of appointing Consuls and Consular Agents to
* S.P., vol. HIT, p. 1011. Ratifications exchanged, 4th February, 1846.
t " Nul ne pourra, sous aucun pretexte, p6ne"trer dans leg maisons,
aiagasins et autres propriet«s, possodes on occup«?s par des^Francais ou
par des personnes au services dcs Fnmcais, in les visitor sans le consentvment
de 1'occupant a moins que ce ne eoit avec 1'interrention du Consul de
Trance."
927
17 NOV., 1844.] ZANZIBAB (MUSCAT) AND FEANCE. [No. 196
[Consular Jurisdiction, &c.]
reside in their respective dominions. Moreover, these Agents
shall only enter on their duties with the exequatur of the
Sovereign in whose dominions they reside. These Agents
shall enjoy the same rights and privileges as those of the most
favoured nation.
Hoisting of French Flag.
" The French Consuls and Consular Agents shall be at
liberty to hoist the French flag over their dwellings.
Exterritorial Jurisdiction.
"ART. VI. The officials of His Highness the Sultan of
Muscat shall not interfere in disputes between Frenchmen, or
between Frenchmen and subjects of other Christian nations.
In disputes between a subject of His Highness and a French-
man, the complaint, if made by the former shall be made to the
French Consul, who will adjudicate the matter; but if the
complaint is made by a Frenchman against any of the subjects
of His Highness, or of any other Mussulman Power, the case
shall be judged by His Highness the Sultan of Muscat, or by
such person appointed by him for the purpose. In this case,
the decision shall only be given in the presence of the French
Consul, or of such person whom he shall appoint for the
purpose. In disputes between a Frenchman and a subject of
His Highness the Sultan of Muscat, the depositions of an
individual, who shall have been convicted of perjury on a
previous occasion, shall not be accepted, either if the case is
tried by the French Consul or by His Highness the Sultan or
his representative.
Property of deceased Frenchmen.
" ART. VII. The property of a Frenchman, who has died in
the dominions of His Highness the Sultan of Muscat, or of a
subject of His Highness, who has died in France, shall be
handed over to their heirs or executors, or failing them to the
Consul or Consular Agent of the nation to which the deceased
belonged.
928
NO. 196] ZANZIBAR (Ml'SC AT) AM) 1-KAMK. 17 NOV., 1844.
[Consular Jurisdiction, &c.}
llnnkriiptciei.
" ART. VIII. If a Frenchman becomes bankrupt in tin-
dominions of the Sultan, the French Consul shall take posses-
sion of all the goods of the bankrupt, and shall remit them to
his creditors to bo divided between them. That being done,
the bankrupt shall have the right to a complete acquittance
from his creditors. He shall not be further bound to make
good the deficit, and the property which he may acquire after-
wards shall not be considered as liable to be appropriated to
this purpose ; but the French Consul shall not neglect to avail
himself of any opportunity to seize, on behalf of the creditors,
everything which may belong to the bankrupt in other
countries, and to certify that he abandoned without reserve
everything that he possessed at the time that he was declared a
bankrupt.
Recovery of Debts.
" ART. IX. If a subject of His Highness the Sultan of
Muscat refuses or evades the payment of a debt owing to a
Frenchman, the officials of His Highness shall afford the
creditor every help and facility to recover what is due to him ;
and in like manner the French Consul shall afford every
assistance to the subjects of His Highness in the recovery of
debts which they may claim from Frenchmen."
929
20 Dec., 1885.] ZANZIBAR AND GERMANY. [No. 197
[Consular Jurisdiction, &c.]
NO. 197. — TREATY. Germany and Zanzibar. Consular
Jurisdiction, &c. fiigned at Zanzibar, 20th December,
1885.*
Appointment of Consuls. Most-fauoured-nation Treatment.
(Translation.)
(Extract.)
ART. III. The High Contracting Parties acknowledge
reciprocally the right of appointing Consuls to reside in each
other's dominions wherever this may be deemed to be desirable
in the interest ef commerce or otherwise. The Consuls of the
High Contracting Parties, together with their assistants and
those in their service, shall enjoy with regard to their persons,
houses, and also in the exercise of their official duties, in addi-
tion to the rights herein stipulated, the same honours and
privileges as are, or in future shall be, enjoyed by Consuls and
Consular officers of the most favoured nation.
In the event of a riot or other disturbance of the public peace,
the Consuls at their request shall be provided with a guard,
in order to guarantee their safety and the inviolability of the
Consular Office and dwelling.
Consular Jurisdiction. Civil an;l Criminal Cases.
ART. XVI. Subjects of His Majesty the German Emperor
shall enjoy within the dominions of His Highness the Sultan of
Zanzibar the rights of exterritoriality.
The authorities of His Highness the Sultan have no right
to interfere in disputes between German subjects amongst
themselves or between them and members of other Christian
nations ; such disputes, whether of a civil or criminal nature,
shall be decided by the competent Consular authorities. The
trial and punishment of all crimes and offences, punishable by
law, of which German subjects, within the dominions of His
Highness the Sultan, may be accused, shall be removed from
the jurisdiction of the authorities of His Highness the Sultan,
and are expressly reserved to the German Consular au-
thorities.
* S.P., vol. Ixxvi, pp. 247—257.
930
Ho. 197 /AN/IHAK AND IJKKM \ J Dec., 1886.
[Consular Juritdiction, Ac.]
Should dis|>U1r- MUM l<ct ween a Hi : I Hi-hiie,s I lit;
Sulian or other noii-l'ln -Uti ..led l.yCon-
NII!> at /an/ihar, ami ;i (lerinan siihjeel, iu whirl, man
subject is the |)l:iintilT, the matter shall lie brought befoi .• and
decided hy the highest authority of the Sultai:
specially delei/ated liy liiiu lor tin's jmrposc.
'I'lic pmrri'tlin^s and final dt-cision in such ':all not,
hnui'vcr, 1)0 consid> .i, unless notice has been given and
an opportunity afforded for the German Consul, or his sub-
stitute, to attentl the same in person or by a person delegated
by him for this purpose.
If, on the contrary, a German subject should appear in such
a dispute as the defendant, the matter shall be brought before
the competent German Consular authority and be decided by
the Consul, or by a Consular Court, as the case may be. At
the request of the German Consular authority, the Government
of His Highness the Sultan shall place police assistance at the
disposal of the former, to assist in effecting arrests, or in (he
execution of other official duties.
Protection of Persons in (ti-rninii employ.
ART. XVII. Subjects of His Highness the Sultan or any
non-Christian nation, not represented by Consuls at Zanzibar,
who are in the regular service of German subjects within the
dominions of His Highness the Sultan of Zanzibar, shall enjoy
the same protection as German subjects themselves. But
should they be charged with having committed a crime or a
serious offence, punishable by law, they shall, on sufficient
evidence being shown, be handed over by their German em-
ployers or by order of the German Consulate to the authorities
of His Highness the Sultan for trial and punishment, and shall
for this purpose be dismissed from the service of the German
subjects.
Bankruptcies.
ART. XVIII. Should a German subject residing in the do-
minions of His Highness the Sultan of Zanzibar become bankrupt,
931
20 Dec., 1885.] ZANZIBAR AND GEEMANY. [No. 197
[Consular Jurisdiction, &c.]
the German Consul shall seize, recover, and realize all available
property and assets of such bankrupt to be dealt with and dis-
tributed according to the provisions of the German Bank-
ruptcy Law.
Recovery of Debts.
ART. XIX. Should a subject of His Highness the Sultan of
Zanzibar resist or evade payment of the just and rightful
claims of a German subject, the authorities of His Highness
the Sultan shall afford to the German creditor every aid and
facility in recovering the amount due to him. In like manner
the German Consul shall afford every aid and facility to sub-
jects of His Highness the Sultan of Zanzibar in recovering
debts justly due to them from German subjects.
Property of deceased German Subjects.
ART. XX. Should a German subject die, leaving property
within the dominions of His Highness the Sultan of Zanzibar, the
German Consul shall be authorized to collect, realize, and take
possession of the estate of the deceased, to be dealt with
according to the provisions of the German law.
Inviolability of Domicile.
ART. XXI. The houses, dwellings, warehouses, and other
premises of German subjects, or of persons actually in their
regular service within the dominions of His Highness the Sultan
of Zanzibar, shall not be entered or searched by officials or
functionaries of His Highness the Sultan without the consent of
the occupier, unless with the cognizance and assistance of the
German Consul or his substitute.
932
No. 198 J ZANZIBAR 4 GERMAN B. AFRICA CO. [28 Apr., 1888.
[German East African Association.]
No. 198.— CONCESSION from Sultan of Zanzibar to
German East African Association. Zanzibar, 2Sth April,
1888.*
(Translation.)
His Highness Seyyid Khalifa-ben-Said, Sultan of Zanzibar,
and the German East African Association, having, with the
approbation of His Highness Prince Bismarck, Chancellor of
the German Empire, appointed as their Plenipotentiary, Dr
«lur Gustav Michahelles, Imperial German Consul-General at
Zanzibar, have concluded the following Treaty : —
Transfer by Sultan to German East African Association of Ad'
ministration of all his Territories and Dependencies on the
Marima and South of the River Umba.
ART. I. His Highness the Sultan makes over to the German
East African Association all the power which he possesses on
the mainland on the Marima, and in all his territories and
dependencies south of the Umba River, the whole administra-
tion of which he concedes to and places in their hands to be
carried out in His Highness' name and under his flag and sub-
ject to His Highness' sovereign rights, but it is understood that
the Association is to be responsible for all affairs and adminis-
tration of that part of His Highness' dominions included in
this Concession, and that His Highness the Sultan shall not be
liable for any expenses connected with the same, nor for any
war or " diya " (blood money) or for any claims arising there-
from, none of which His Highness shall be called upon to
settle. No other but themselves shall have the right of pur-
chasing public land on the mainland or anywhere in His
Highness' territories, possessions, or dependencies within the
limits above named, except through them, as is the case now
with His Highness. He also grants to the Association the
faculty of levying taxes upon the people of the mainland
within the limits above named. His Highness further agrees
to do all acts and deeds that would be necessary to give full
* S.P., Tol. Uxix, p. 326. See also Agreement, 13th January, 1890, p 943.
933 3 u
28 Apr., 1888.] ZANZIBAR & GERMAN E. AFRICA CO. [No. 198
[German East African Association.]
effect to the terms of this Concession, to aid and support the
Association with all his authority and force, so as to secure to
them the rights and powers hereby granted. It is further
agreed upon by the Contracting Parties, that nothing contained
in the following Articles of Concession shall in any way in-
fringe or lessen the rights accorded by His Highness to the
subjects or citizens of Germany, France, Great Britain, the
United States of America, or any other foreign Powers having
Treaty relations with His Highness, or the obligations which
are or may be imposed upon him by his adhesion to the Berlin
.General Act (No. 17.).
Appointment by Association of Commissioners to Administer
Districts in above Territory.
ART. II. His Highness authorizes the Association to appoint
in his name and on his behalf Commissioners to administer over
any districts in His Highness' possessions included in the limit
of territories named above, except as hereinafter provided ; to
appoint such subordinate officers as may be required, to pass
laws for the government of districts, to establish Courts of
Justice, and generally to adopt such measures as may be
necessary for the protection of the districts and interests under
their rule. His Highness further authorizes the Association to
make Treaties with subordinate or other native Chiefs, such
Treaties and engagements to be ratified and confirmed by him
in such cases as they are made in the name of His Highness.
Cession of Forts and Public Buildings to Association.
His Highness also agrees to cede to the Association all the
rights which he himself possesses over the lands in the whole
of his territory on the mainland of Africa within the limits of
this Concession, only excepting the private lands and Schambas,
and give the Association all forts and unoccupied public build-
ings excepted as His Highness may wish to retain for his own
private use ; a schedule of such buildings, plantations, or pro-
perties to be drawn up and agreed to between His Highness
and the Association. Further, he authorizes them to acquire
and regulate the occupation of all lands not yet occupied, to
934
No. 198] ZANZIBAR 4 GERMAN E. AFRICA CO. [28 Apr., 1888.
[German East African Association.]
levy and collect local and other taxes, does, and tolls, to do all
these and such other acts as may bo necessary for the main-
tenance and support of such local governments, forces, adn,
tration of justice, the making and improvements of roads or
water communications or other public works, defcngiv
otherwise, and for the liquidation of debts and payment «-f
interest upon capital expended.
Appointment of Judges. •
The Judges shall be appointed by the Association subject to
the Sultan's approval, but all "Kadis" shall be nominnttil by
His Highness. In aboriginal tracts the law shall be adminis-
tered by the Association or their officials. The stipends of the
Governors and all other officials in the territories occupied and
controlled by the Association shall be paid by them.
Eight of Association to Trade, Acquire Land, 8fc.
ART. III. His Highness grants to the Association the right
to trade, to hold property, to erect buildings, and to acquire
lands or buildings by purchase or negotiation anywhere within
His Highness' territories included in the limits of this I'-.n-
cession with the consent of the proprietors of any such lands
and houses.
Regulation of Trade and Navigation of Hirers by Association.
ART. IV. His Highness grants to the Association special and ex-
clusive privileges and powers to regulate trade and commerce, also
the navigation of rivers and lakes and control of fisheries, the
making of roads, tramways, railways, canals, and telegraphs,
and to levy tolls and dues on the same, also the power to con*
trol or prevent the importation of any merchandize, arms, .
ammunition of all sorts, intoxicating liquors, or any other
goods which, in the opinion of the Association, are detrimental
to law, order, and morality, and in whatsoever His Highness is
not bound towards the Governments. But it is clearly under-
stood that all exercise of these privileges and powers shall be
in conformity with existing Treaties between His Highness and •
foreign States.
935 3 u 2
28 Apr., 1888.] ZANZIBAR & GERMAN E. AFRICA CO. [No. 198
[German East African Association.]
Occupation of Forts and Establishment of Custom Houses ly
Association.
AET. V. His Highness authorizes the Association to occupy
in his name all forts at the mouth or mouths of any river or
rivers or elsewhere in his dominions included in the limits of
this Concession, with the right to establish custom-houses and
to levy and collect dues on any vessels, goods, &c., arriving at
or departing from such port or ports and to take all necessary
measures for the persecution of smuggling, subject, in all cases,
to the Treaties above named.
Exclusive Working of Mines l>y Association.
ART. VI. His Highness grants to the Association the exclusive
privilege to search for and work, or to regulate, lease, or assign
in any part of His Highness' territories within the limits of
this Concession any mines or deposits of lead, coal, iron, copper,
tin, gold, silver, precious stones, or any metal or mineral or
mineral oils whatever, also the exclusive right to trade in the
same free from all taxes and dues excepting such moderate
royalty on minerals only not exceeding 5 per cent, on the first
value of the article less the working expenses, as may be here-
inafter agreed by the Association to be paid to His Highness,
also the right to use all forest trees and other woods and
materials of any kind whatsoever for the purpose of
the works aforesaid and also for trade; but the wood used
for building and for burning, commonly known as "borti,"
may be cut on the mainland by others, as now, by payment of
such dues to the Association as they may agree upon, but not
such dues shall be required for wood cut for His Highness' use.
Establishment of Bank by Association.
ART. VII. His Highness grants to the Association the right
to establish a bank or banks anywhere in His Highness' terri-
tories above mentioned, with the exclusive privilege of issuing
notes.
93G
No.198] XAN/IHAK A (iKKM \\ i: \ i RICA CO. , 26 At r., 1888.
[German East African Association.]
Association to enjoy above Powers and Privilege* for fifty years :
Reversion to Sultan of Public Works, Sfc.
ART. VIII. All the aforesaid powers and privileges to exf
over and be available for the purposes and object* of tho
Association during the whole of the term of fifty years ne\
dating from the time of this Concession being signed. At the
conclusion of the said term all the public works, buildings,
Ac., shall revert to the Sultan, his heirs and succrssors, if
desired, at a valuation to be fixed by arbitrators chosen by both
parties.
Grant by Sultan to Association of " Regie " or Lease of Customs.
ART. IX.* His Highness grants to the Association the
" Regie," or lease, of the customs of all the ports throughout
that part of His Highness' territories above defined fm :m equal
period of time to the other Concessions upon the following
terms, namely : —
At the beginning of their administration the Association pay
to His Highness an advance of 50,000 rupees in cash, which is to
be refunded in equal monthly quotations within the first six
months. For the first year the Association hand over to His
Highness at the end of every month according to the European
reckoning the whole amount of the customs duties levied from
the import and export trade in His Highness' territories above
defined, after deduction of a certain sum for the expenses in-
curred by collecting the duties. These expenses are not
allowed to exceed the sum of 170,000 rupees in the first year,
and if the Association are not able to prove by their books that
in fact they expended the above-mentioned sum, they have to
pay to His Highness also the difference between their real
expenses and the amount of 170,000 rupees.
The only profit the Association shall have in the first year
is a commission of 5 per cent, from the net revenues paid to
His Highness. After the first year's experience the annual
average of the sum to be paid to His Highness by the Associa-
tion shall be fixed. The Association, however, shall have the
right at the end of every third year, according to the results of
* Altered by Agreement of 13tli January, 1890, p. 943.
937
28 Apr., 1888.] ZANZIBAR & GERMAN E. AFRICA CO. [No. 198
[German East African Association.]
the previous three years as shown by their books, to enter into
fresh negotiations with His Highness in order to fix a revised
average. His Highness shall be authorized to appoint an
officer who can control the revenues made in the custom-houses
of all ports included in this Concession.
Further, it is understood that His Highness shall not claim
the duty of any part of the trade twice over, and that the
Association, therefore, shall be entitled to control the Customs
officers of His Highness' at Zanzibar to this effect and to claim
a drawback for the amount of any duties which may herein-
after be paid direct to His Highness on any imports to or
exports from the ports included in this Concession. The
Association further guarantee to pay to His Highness 50 per
cent, of the additional net revenue which shall come to them
from the customs duties of the ports included in this Conces-
sion, and His Highness grants to the Association all rights over
the territorial waters in or appertaining to his dominions within
the limits of these Concessions, particularly the right to super-
vise and control the conveyance, transit, landing, and shipment
of merchandize and produce within the said waters by means
of a coast-guard service both on land and water.
Guarantee by Association to Sultan of Dividend on 20 shares
= 10,OOOZ.
ART. X. In consideration of the aforegoing Concessions,
powers, and privileges being granted by His Highness, the Asso-
ciation guaranteed to His Highness the dividend on the value of
20 shares of 10,000 marks each of the German East African
Association, equal to about 10,OOOZ., which Concession shall
entitle him to such proportions of the net profits as shown by
the books of the Association after interest at the rate of 8 per
cent, shall have been paid upon the shareholders' • paid-up
capital, as shall attach to the said part of the Association's
capital.
Association to enjoy Most-favoured-Company Treatment.
ART. XI. The German East African Association shall enjoy
all the rights, privileges, immunities, and advantages as are or
938
No. 198] /AN/I MAR A GERMAN E. AFRICA CO. [ 28 Apr., 1888.
(.German Bait African Aasoclation.]
hereafter may bo enjoy ml 1>\ or accorded to any other Company
or particular person to whom His Highness may have given 01
may give similar Concessions in any other put lominions
as those granted by this Treaty to the German East African
Association.
Islands of Zanzibar and Pemba and territories north of Umba
River not included in Concession.
ART. XII. These Concessions do not relate to His High-
ness' possessions in the islands of Zanzibar and Pemba, nor to
his territories north of the Umba River ; and it is understood
that all public, judicial, or Government powers and functions
herein conceded to the Association shall be exercised by them
only in the name, and under the authority of the Sultan of
Zanzibar.
Concessions and Obligations binding for 50 years.
ART. XIII. It is hereby agreed by both parties that these
Concessions and the corresponding obligations as set forth shall
be binding for both parties, their heirs, successors, and assigns,
during the term of 50 years for which they have been agreed
upon.
Date of transfer of Customs, Sfc.
ART. XIV. His Highness is willing to transfer the customs,
lands and buildings aforesaid, to the German East African
Association at any date after the 15th August, 1888, which will
be convenient to the Association.
Interpretation of Texts of Treaty.
AKT. XV. The present Treaty has been made out in four
copies, two of which are written in the English and two in the
Arabic language. All those copies have the same sense and
meaning. Should, however, differences hereafter arise as to
the proper interpretation of the English and Arabic text of one
or other of the Treaty stipulations, the English copy shall be
considered decisive.
939
28 Apr., 1888.] ZANZIBAR & GERMAN E. AFRICA CO. [No. 198
[German East African Association.]
In faith whereof His Highness Seyyid Khalifa-Toen-Said, and
Dr. G. Michahelles, hare signed this Treaty, and have affixed
thereto their seals.
Done at Zanzibar, the 28th day of April, in the year of our
Lord 1888, corresponding with the 16th Shaban, 1305, of the
Hidjerat.
(L.S.) (Signed in Arabic.)
(L.S.) G. MICHAHELLES.
The German East African Association formally received
charge of the Administration of that portion of the East African
Coast line which lies between the Rivers Umba and Rovuma
from the Sultan of Zanzibar, on the 16th August, 1888, when
the flag of the German East African Company was hoisted at
all the principal ports along the coast under a Royal Salute.
(S.P., vol. Ixxix, p. 343.)
On the 27-28th October, 1890, an exchange of Notes took
place between the representatives of Great Britain and Ger-
many at Berlin (with the consent of the Sultan of Zanzibar)
for the permanent cession to Germany of the coast line between
the Rivers Umba and Rovuma, and of the Island of Mafia.
940
No. 199] ZANZIBAR fi f!i:i:M \\ i: \IKICA CO. [4 Jane, 1888.
[Cuitcm Houses, Mrima Coast ; River Umba to the Rovuma.]
No. 199.— AGREEMENT. Zanzibar anil German End
Africa Company. Handing over of Custom Houses, <fer.,
on Part of the Coast conceded to Germany. 4th June,
1888.
Colonel Euan- Smith to the Marquis of Salisbury. %
MY LORD, Zanzibar, June 4, 1888.
I HAVE the honour to inform your Lordship that the follow-
ing measures have been agreed upon between the Sultan and
the German East African Company regarding tho handing
over of custom houses, &c., on that part of the coast -which has
been conceded to Germany : —
1. That the Walis on the coast from the River Umba to
the Rovuma will be at once informed that from the loth
August of this year the Company will take over the collection
of the customs, such information to be published in the
country.*
2. That His Highness shall appoint a person to accompany
the agent of the Company to the mainland, and point out which
houses and other public buildings are to be retained for His
Highness' special use, and which are to be handed over to the
Company.
3. That the Sultan shall indicate the places at which it is
necessary that Cadis shall be appointed, and shall recommend
suitable persons to fill up these appointments.
4. That His Highness shall appoint a person in order to act
as his agent with regard to matters of detail arising in tha
management of the custom-houses.
One of the Sultan's steamers will leave for Lindi in a fort-
night's time with Heir Vohsen and several members of his staff,
and with some of the Sultan's officials, for the purpose of
taking all preliminary steps towards the accomplishment of tho
above objects.
* See S.P., vol. Ixiix, pp. 336, 339, 340, and note on previous page.
See also Agreement between Great Britain and Germany of 1st July, 1890,
Art. xi, p. 650, and note, p. 940.
941
4 June, 1888.] ZANZIBAR & GERMAN E. AFRICA CO. [No. 199
[Custom Houses, &c., Mrima Coast.]
I may add that I am sending a notification addressed to all
British Indian subjects resident in the places which will now
pass under the German administration, informing them that
their rights and privileges as British subjects will be in no
way affected by the change that id about to take place.
I have, &c.,
The Marquis of Salisbury. C. B. EUAN-SMITH.
NOTIFICATION addressed to British Indian Subjects resi-
dent in places under German Administration on Mrima
Coast. June, 1888.*
[Referred to in preceding Agreement.]
(Translation.)
To all Indian subjects resident on the mainland and others
under British protection.
BE it known that from the 16th August next the German
East African Company will take over the administration of that
part of His Highness the Sultan of Zanzibar's dominions which
is known as the Mrima, south of the River Umba.
The officials of that Company will collect the customs, and
generally administer the country.
Now this is to inform all British subjects that there is no
cause for alarm or disquietude in this new arrangement which
the Sultan has concluded with this Company. The status and
position of all.British subjects will remain unaltered. Their
Treaty rights and privileges will not be interfered with in any
way. There is nothing to cause them fear. All British sub-
jects are enjoined to assist by every legitimate means in their
power the officials of the German Company in rightly and
justly administering the country.
C, B. EUAN- SMITH, Colonel,
Her Britannic Majesty's Agent and Consul-
General^ Zanzibar.
* S.P., vol. kxix, p. 333.
943
No.200] ZANZIBAR A GERMAN I VI KICA CO. [13 Jan., 1890
[German East Africa Company.]
No.' 2QQ.—SUrru-:.MKNTARY A<: I: I'.KM l-.\ T
Znir.llnir mid </</•//>"// K«J Ajr'«'« <'i>inj>n n ;/. /
Lease of Z" /i ://>"/• Gustm '«///>• A*.wi<t((<i/t. *SV;/
13^ January, 1890.*
(Translation.)
IN order to settle all differences which have arisen between
His Highness the Sultan of Zanzibar and the German East Africa
Company in the carrying out of the Treaty of the 28th April,
1888 (answering to 15 Shaaban, 1305) (No. 198), and especially
in carrying out Article IX, it is agreed between His Highness
and the German East Africa Company and their Plenipoten-
tiary, Ernst Vohsen, Director of the Company in Berlin, as
follows : —
Article IX of the Treaty is changed and receives the fol-
lowing new meaning, which from this day shall bind the Con-
tracting Parties :
ART. IX. His Highness grants the Company the Concession
(" Regie ") or lease of the Customs in all ports of the above-
mentioned part of his territories for a period similar to that of
the below-mentioned other leases (Concessions), and under the
following conditions : —
The Company hands over at the end of each month (Euro-
pean reckoning) the entire receipts collected in the above-men-
tioned territories for duties on imports and exports ; only a
certain sum for the cost of collection to be deducted. This cost
must not exceed the sum of 170,000 rupees per annum for the
next three years of the Treaty, and if the Company is not in a
position to prove by its books that they have actually spent the
above-mentioned sum, it has to pay to His Highness also the
difference between their actual expenses and the contribution of
170,000 rupees.
On the basis of the net Customs receipts of the first three
years collected direct through the Company (that is the year's
receipts less 170,000 rupees), there will, on the 18th August,
• See note, p. 940.
943
13 Jan., 1890.] ZANZIBAR & GERMAN E. AFEICA CO. [No. 200
[German East Africa Company.]
1891 (European reckoning), be fixed the average sum to be
paid yearly by His Highness the Sultan to the Company. The
Company will, however, have the right at the end of every
third year, on account of the results attained, to begin fresh
negotiations with His Highness to revise the average payment
and fix it afresh. His Highness has the right to place an
official, who shall supervise the Customs receipts, in the
harbours of the territories in question. It is further under-
stood that His Highness may not claim duty a second time on
any kind of trade. On behalf of this, it is therefore the right of
the Company to exercise a supervision ("kontrole") over the
Customs officials of His Highness in Zanzibar, and to require
the refund of all Customs payments which for the future shall
be paid direct to His Highness on importation to the ports
named in this Treaty, or on exportation from them.
The Company hereby formally foregoes the refund of such
taxes as have been levied in Zanzibar by His Highness on
goods coming from Europe or foreign countries, and subse-
quently exported to places under the Company's rule. The
Company further promises to His Highness 50 per cent, of the
further net gains which shall come from the Customs revenue
of the ports under discussion. His Highness hands over to the
Company all rights in the territorial waters which lie within
the above-mentioned boundaries of his dominions, or which
belong to them, in particular to the authority to supervise and
control by land and sea-coast guards the forwarding, the trans-
port, the landing and shipping of goods and products within
the said waters.
Done on the 21st Jemadi-al-Awal, 1307, which corresponds
to the 13th January, 1890, of the Christian era.
He confirms this,
KHALIFA-BIN-SAID (own handwriting).
ERNST VOHSEN, Plenipotentiary Extraordinary
of the German East Africa Company.
No. 201] /\.\/iimt ANN ITM.Y. [28May,1885.
[Consular Jurisdiction, &c.]
No. 201.— 77.' KA TY of Conim- >><tr J
<l'v.. bifiri'i-/i Italy unil Za/tzibu: ,V/y //,-// at Zn u-.Hmr,
28th May, 1885.»
[Ratifications exchanged at Zanzibar, 10th October, 1885.]
(Translation.)
(Extract.)
Rights of Italian Subjects. Inviolability of Domicile.
ART. II. The subjects of His Majesty the King of Italy shall
be at liberty to buy, sell, or hire lamjg, houses, and magazines
within the States of His Highness the Sultan of Zanzibar. No
one may under any pretext enter the houses, magazines, or
property of Italians or of persons in their service without the
consent of the owner, unless this should be done with the inter-
vention of the Consul of His Majesty the King of Italy.
Italians cannot under any pretext be detained against their
will within the States of His Highness the Sultan of Zanzibar.
The subjects of His Highness the Sultan of Zanzibar shall
enjoy within the States of His Majesty the King of Italy the
same rights as are granted to Italians in this article.
Appointment of Consuls.
ART. IV. His Majesty the King of Italy and His Highness
the Sultan of Zanzibar shall have the reciprocal right of ap-
pointing Consuls or Consular Agents in their respective States
and these Consols or Consular Agents shall enjoy the same
privileges, immunities, and exceptions as are granted to those
of the most favoured nation.
Italian Consular Jurisdiction in Zanzibar.
ART. V. The authorities under His Highness the Sultan of
Zanzibar shall never intervene in questions which may arise
between Italian subjects, or between them and others of another
Christian nation.
In differences between a subject of His Highness the Sultan
• S.P., vol. lixyi, p. 269.
945
28 May, 1885.] ZANZIBAR AND ITALY. [No. 201
[Consular Jurisdiction, &c.]
of Zanzibar and an Italian, if the complaint is made by the
former, the question shall be judged by the Consul of His
Majesty the King of Italy ; but if the complaint is made by an
Italian against one of the subjects of His Highness or of
another Mussulman Power, the dispute shall be adjudicated by
His Highness the Sultan of Zanzibar or by a person designated
by him. In this case, however, the accused party shall not be
proceeded against save in the presence of the Italian Consul or
his substitute.
In lawsuits between an Italian and a subject of His High-
ness the Sultan of Zanzibar, the evidence of a person convicted
of perjury in a previous action shall be rejected, whether the
case is tried before the Italian Consul or before His Highness
the Sultan or his representative.
Property of Deceased Subjects.
ART. VI. The property of an Italian dying within the
dominions of His Highness the Sultan of Zanzibar, or of a
subject of His Highness dying within the dominions of His
Majesty the King of Italy, shall be remitted to the heirs or
testamentary executors, or in default of them, to the Consuls
or Consular Agents of the nation to which the deceased
belonged.
Bankrupts.
ART. VII. If an Italian becomes bankrupt within the States
of His Highness the Sultan of Zanzibar, the Italian Consul
shall hare the right to take possession of the property of the
bankrupt and hand it over to his creditors to be divided
amongst them. By this process the bankrupt shall be under-
stood to be exempted from all ulterior obligation towards his
creditors ; and even when he shall acquire new possessions
thereafter, these can never be devoted to the completion of his
payments.
It is well understood that the Italian Consul will use every
means in his power to effect, in the interests of the creditors,
the seizure of all property owned by the bankrupt in other
countries, and to establish the fact that at the moment when.
946
No. 201] ZANZIBAR AND ITALY. [10 Oct., 1885.
[Consular Jurisdiction, Ac.]
the bankrupt is declnred insolvent ho has given up without
reserve all his possessions.
ART. VIII. If a subject of His Hi.irlmt'ss the Snltan of
Zanzibar refuses or seeks in any way to avoid payment of a
debt contracted towards an Italian, the authorities mulcr His
Highness the Sultan shall afford the creditor all the assistance
necessary for him to obtain that which is due to him ; and on
the other hand the Italian Consul shall give all his aid to
subjects of His Highness the Sultan in obtaining payment of
the debts due to them from an Italian.
Importation and Exportation.
ART. X. Within the dominions of His Highness the Snltan
of Zanzibar no article of commerce shall be forbidden either for
importation or exportation. Commerce shall be perfectly free,
and shall be subject to no duties excepting those contained in
Article IX.
Monopolies Forbidden.
Italians shall have full liberty of buying, selling, and making
contracts with whom they please in all the dominions of His
Highness the Sultan of Zanzibar; this freedom can never be
hampered by any monopoly or exclusive privilege of buying or
selling.
ADDITIONAL ARTICLE. — Italy and Zanzibar, Clauses of Treaty of
28th May, 1885, to be interpreted and applied, subject to Laws
in force in the Kingdom. 10th October, 1885.*
IN the act of proceeding, with the reserve of the approval
of the Italian Parliament,f to the ratification of the Treaty of
Commerce concluded the 28th May, 1885 (14th Sciaabban of
the year 1302 of the Hegira) (p. 945) between His Majesty
* S.P., vol. Ixxvi, p. 273.
t Approved by the Chamber of Deputies, 30th November, 1886 ; and by
the Senate, 21at December, 1886.
947
10 Oct., 1885.] ZANZIBAR AND ITALY. [No. 201
[Consular Jurisdiction, &c.]
Humbert I, King of Italy, and His Highness Said Burghash,
Sultan of Zanzibar, the undersigned Plenipotentiaries have
stipulated and agreed upon the following Additional Article,
which will be understood to form an integral part of the said
Treaty':—
Additional Article. — In order that no doubt may remain as
to the value and signification of any of the clauses of the Treaty
stipulated at Zanzibar between the Kingdom of Italy and the
Sultanate of Zanzibar, and signed there on the 28th May, 1885
(14th Sciaabban of the year 1302 of the Hegira) (p. 945), it is
expressly understood and agreed that the entire Treaty, and
particularly Articles II, VII, and X, are to be interpreted and
applied in as far as concerns Italian subjects and Italian terri-
tory subject to the precise observance of the laws in force in the
kingdom.
948
No. 202J ZAN/nm; \\DII \i.v [8 April, 1890.
[Ports North of Kismayu. Brava, Meurka, Ma^adisho, War»h«ikh. J
No. 202.— ITALIAN NOTIFICA I ION. Concession granted
by Zanzibar to British East Africa Company of Adminis-
tration of Ports North of Kitmayu, and of Benadir Ports
of Brava, Meurl-n, Almjadisho, and Warsheik, transferred
to Italy. 8th April, 1 890 *
N VERBALE communicated to the British Government by Count
Tornielli. 8th April, 1890.
IN conformity with the Agreements concluded between the
Italian Government and the Imperial British East African
Company, signed in London on the 3rd August, 1889 (No. 27),
and 18th November, 1889 (No. 28), the British Company
aforesaid has handed over to the Italian Government, with the
consent of the Sultan, the rights and privileges acquired under
the Concession which the late Sultan Sayyid Khalifa- ben-
Sayyid made to this Company (9th October, 1888, No. 26).
The Concession in question has been confirmed, ratified, and
augmented on the 6th instant by his successor His Highness
Sayyid Ali.
The Government of His Majesty the King of Italy notifies
to the Government of that they will undertake without
delay, in the name of the Sultan of Zanzibar, the administration
of the Sultan's ports to the north of Kismayu, and of their
territories, viz. : Brava, Meurka, Magadiscio, and Warscheik,
Joint British and Italian Occupation of Kismayu.
And that, in conformity with the established agreements, they
•will occupy Kismayu. with the British Company, exercising the
same rights and privileges of this Company in the aforesaid
port and in the navigation of the Juba.
* See also Concession, 12th August, 1892, p. 950.
949 3 x
12 Aug., 1892.] ZANZIBAR AND ITALY. [No. 203
[Concession of Benadir Ports.]
No. 203.— CONCESSION of Benadir Ports granted ~by the
Government of His Highness the Sultan of Zanzibar to the
Government of His Majesty the King of Italy. 1 2th A ugust,
1892.*
THE Government of His Highness the Sultan of Zanzibar
and its dependencies on the East Coast of Africa, by the present
Agreement grants the following Concessions to the Government
of His Majesty the King of Italy, who on their side accept the
obligations herein contained : —
Administration by Italy of Benadir Ports : — Brava, Heurlca,
Magadisho, and Warsheikh.
ART. I. The Government of His Highness the Sultan of
Zanzibar makes over to the Government of His Majesty the
King of Italy, all the powers which they possess over the towns
and ports of the Benadir Coast, namely, Brawa, Merka, Maga-
disho, each with a radius landwards of 10 sea miles, and War-
sheik, with a radius landwards of 5 sea miles, and the islands
in their vicinity, to be administered politically and judicially in
the name of the Government of His Highness the Sultan
of Zanzibar and under his flag ; but it is understood that the
Government of His Highness the Sultan will not be responsible
for, and will not be called upon to defray, any expenses of ad-
ministration, or others, such as those arising from war, as " blood-
money " (" diya "), &c., or from any claim which may arise.
Public Lands.
The Government of His Majesty the King of Italy, or their
Representatives, will have the sole right of purchasing or deal-
ing with public lands within the limits of the above-named terri-
tories.
Reservation of Rights of other Foreign Powers.
The Government of His Highness the Sultan undertakes to
give every facility to the Government of His Majesty the King
of Italy, and to use their authority to insure to the said
Government their rights and powers, in order that this Agree-
ment may attain its full effect. It is further agreed between
* See also Supplementary Agreement, 15th May, 1893, p. 938.
950
No. 203: xvx/iimi \M> n \n 12 A"g., 1892.
[Concession of Benadir Port*.]
the High Contracting Parties - i th,-
following Articlts of thi-; < shall in anv way inf'i
(^lessen the righto accorded by the G
tin- Sultan < f Zanzibar to the sul.
Britain, t!i«- I'nitrd States of AniM-ira. France, Germany, or any
oflic;- tiin-i--!i I'.nvrrs having Treaty relations with tho /lan/ik-ir
Sultanate. or tlic obligations which arc or may bo im
adhesion to tho General Act of Berlin. 1^S5 (No. 17). or ih,
General Act of tho Brussels C< 1890 (No. 18).
Power of Italian <> ,it to cuiiccili- its Right* to an
Company.
ART. II. The Government of His Highness the Sultan of
Zanzibar authorizes the Government of His Majesty the King of
Italy to concede the administration of the towns and ports of
the Benadir Co^st, which form the object of the present Con-
cession, to an Italian Company which will be charged with the
administration of the towns, ports, and territories in the i
of His Highness the Sultan and under his flag; but alwiu
the responsibility of the Government of His Majesty the King
of Italy. The Delegates of the Italian Company, in the i
and with the authorization of the Government of His .\I;i
the King of Italy, may exercise all the rights agreed np-n
in tin- Concession, may nominate all their own ot!
and subordinate employes, establish Courts of Justice, and adopt
any measures which they may deem necessary or expedient for
the protection and in the interests of the previously mentioned
towns, ports, and territories.
Forts and Public Buildings.
The Government of His Highness the Sultan agrees to
hand over to the Government of His Majesty the King of Italy,
or to their Representatives, all the forts and public build in<..s
existing at the time of the occupation of the Benadir towns by
the Italian Administration, as well as all the proprietary r
possessed by them over the territories within a radius landwni ds
of 10 sea miles from the towns of Brawa, Merka, .vid M
and of 5 sea miles from the village of Warsheil:.
951 3 rv
12 Aug., 1892.] ZANZIBAR AND ITALY. [No. 203
[Concession of Benadir Ports.]
Taxes, Tributes, Dues, Tolls, Import and Export Duties.
The Government of His Highness the Sultan furthermore
aiithorizes the Government of His Majesty the King of Italy,
or their Representatives, to levy any taxes, tributes, dues, and
tolls, impoi't and export duties, and to take any measure which
'Expenses of Local Government, Public Forces, Justice, Eoads,
Harbours, fyc.
they may consider necessary to meet the expenses of the Local
Government, for the maintenance of public forces, for the ad-
ministration of justice, the construction of roads, harbours, and
other public works, defensive or otherwise, and for the liquida-
tion of debts and payment of interest upon capital expended.
Appointment of Judicial Officers.
The Governors, all the Judicial officers, and the officials of
all ranks shall be appointed by the Italian Government or their
Representatives.
Payment of Governors, Judges, Troops, Sfc.
The stipends of the Governors, Arab and native Judges, all
officers and officials, and the cost of the troops, shall all be paid
by the Government of His Majesty the King of Italy or by
their Representatives.
Right io Trade, to hold Property, to erect Buildings, and acquire
Lands, fyc.
ART. III. The Government of His Highness the Sultan of
Zanzibar grants to the Italian Company which, with the
authority of the Government of His Majesty the King of Italy
takes over the administration of the towns and territories of
the Benadk Coast, which form the object of the present Con-
cession, or to the Company's representatives, the right to trade,
to hold property, to erect buildings, to acquire lands or build-
in<*3 by purchase or negotiation, anywhere within the towns
and territories above mentioned, with the consent of the pro-
prietors of any such lands and houses.
952
No.203J XAX/IHAK AND 1 1 \i.\. 12 Aug., 1892.
[Conce»siou of Benadlr Port*.]
Taxes, Trade, Commerce, Navigation, Fitherlet, Roads, I
ART. IV. The Government of His Highness the Sultm of
Zanzibar grants to the Government of His Maje.-ty tin
of Italy, or to their Representatives, the exclusive privil: g
levying taxes on the inhabitants, and powers to :r:i»l«j
and commerce, and also navigation, to control the fisher!-
construct roads, tramways, railways, can-ils, luii-Ix-
graphs, <fec. ; to levy taxes and dues on these works of public
Power to Control or Prevent Import of . I /•/,.-. Am munition,
Spirituous Liquors, fyc.
utility; and also the power to control or prevent the imjioi i
of any merchandize, arms, ammunition of all sorts, alcoholic
liquors, or any other goods which in the opinion of the (!o\ em-
inent of His Majesty the King of Italy, or of their Representa-
tives, are detrimental to law, order, and public morality, and iu
respect of which the Government of His Highness the Sultan
is under no obligation to other Governments. But it is clearly
understood that the exercise of these rights and privil :
be in conformity with the Treaties existing between the /an/.i-
bar Sultanate and foreign Powers, and with the obligations
which are or could be imposed by adhesion to the General Act
of Berlin, 188f> (No. 17), and to the General Act of the Brussels
Conference, 1890 (No. 18).
Custom-houses. Smuggling.
ART. V. The Government of His Highness the Sultan of
Zanzibar authorizes the Government of His Majesty the Kii,^
of Italy, or their Representatives, to establish custom-houses and
to levy dues and tolls on any vessels and goods arriving at or
departing from the ports before- mentioned, and to take all
necessary measures for the prevention of smuggling, subject in
all cases to the Treaties, Acts, and Conventions above nan
Banks.
AET. VI. The Government of His Highness the Sultan of
953
12 Aug., 1892.] ZANZIBAK AND ITALY. [No. 203
of Benadir Ports.]
Zanzibar grants to the Government of His Majesty the King1
of Italy, or their Representatives, the right to establish a bank
or banks, in the towns which form the object of the present
Concession, with the exclusive privilege of issuing notes and
gold, silver and copper moneys, on the condition that they con-
form to any engagements previously entered into by His High-
ness the Sultan or by his predecessors.
Duration of Concession for 25 Years.
ART. VII. All the aforesaid powers, rights, and privileges
are granted to the Government of His Majesty the King of
Italy, or their Representatives, for a term of 25 European years,
to commence from the day on which the present Concession
shall be approved by the Government of Her Majesty the
Queen of Great Britain and Ireland, Empress of India, and by
the Government of His Majesty the King of Italy.
Power of Renewal of Concession.
At the expiration of this term of 25 European years the
present Concession can be renewed for a corresponding term of
25 years, o^n the same conditions, by a simple declaration to
that effect on the part of the Government of His Majesty the
King of Italy.
Reversion of Public Works, Buildings, Sfc., to Sultan of Zanzibar
after 25 or 50 Years*
At the expiration of the term of 25 years or 50 years all
the public works, buildings, railways, &c., shall revert to the
Government of His Highness the Sultan, if they so desire it, at
a valuation to be fixed by arbitrators chosen by both parties ;
except such buildings and constructions as shall have been
handed over gratuitously by the Government of His Highness
the Sultan to the Government of His Majesty the King of Italy,
or their Representatives, which shall be returned in like
manner (gratuitously).*
* See Supplementary Agreement, 15th May, 1893, p. 958.
954
No. 203] /\.N/II:\I; \\i* DEALT. [12 Aug., 1892.
(ConoeMiou of Benadir Port*.]
" Ittigie," or Lease of Custom*.
AI:T. VIII. The Government of His Highness tn. Sultan of
Zanzibar grants to the Government of His Majesty the King
of Italy, or their Representatives, the " regie," or lease, of the
Customs in the above-mentioned porK for the period of
25 years or 50 years, as aforesaid, on the following condi:
namely : —
The Government of His Majesty the King of Italy umli-r-
takes to pay to the Government of His Highness the Sultan of
Zanzibar a sum of 40,000 rupees, as a premium, on the Italian
Administration taking over possession of the ports, towns, and
territories which form the object of the present Concession, and
thereafter the sum of 40,000 rupees at the end of each quarter
of the European year.*
Duties not to le Claimed twice over.
But it is clearly understood that the Government of His
Highness the Sultan of Zanzibar shall not claim twice over the
import and export duties on the trade in the towns of the
Benadir Coast which form the object of the present Conces-
sion,
Drawbacks.
and that the Government of His Majesty the King of Italy,
or their Representatives, shall be entitled to claim a " draw-
back " for the amount of any customs duties which maybe paid
direct to the Government of His Highness the Sultan of
Zanzibar on any imports to or exports from the ports of the
Benadir Coast, from the date of the present Agreement coming
into force.
Administrative, Judicial, and other Powers. Most-favoured-
nation Treatment.
ABT. IX. It is clearly understood that all administrative,
judicial, and other powers granted by the present Agreement
shall be exercised by the Government of His Majesty the King
of Italy, or by their Representatives, in the name of His High-
* See Supplementary Agreement, loth May, 1893, p. 958.
955
12 Aug., 1892.] ZANZIBAR AND ITALY. [No. 203
[Concession of Benadir Ports.]
ness the Sultan of Zanzibar's Government, and under his flag,
and that the Government of His Majesty the King of Italy, or
their Representatives, shall enjoy all the rights, privileges,
immunities, and advantages which are, or hereafter may be,
accorded to any other Government;, Company, or individual, to
whom the Government of His Highness the Sultan of Zanzibar
may have granted or may grant Concessions in other parts of
his dominions, whether similar to those granted under the
present Concession, or of a different character.
System of Annual Payment not to be altered without consent.
But the Government of His Majesty the King of Italy
undertakes not to claim the right of altering the system of
annual payment established by the present Concession, save
with the consent or on the initiative of the Government of His
Highness the Sultan, or the Government of Her Majesty the
Queen of Great Britain and Ireland, Empress of India.
Date for commencement of Agreement.
ART. X. The present Agreement shall come into force
whenever the Government of His Majesty the King of Italy
shall deem expedient, by their giving to the Government of
His Highness the Sultan of Zanzibar one clear month's previous
notice.
The Government of His Majesty the King of Italy shall be
responsible to the Government of His Highness the Sultan of
Zanzibar for the payment of the sums stipulated for in Ar-
ticle VIII of the present Agreement, but only from the date OB
which they may take over charge of the whole Administration,
as above specified ; it is further understood that the time of the
gratuitous transfer of the custom-houses, lands, forts, public
buildings, proprietary rights, &c., which the Government of
His Highness the Sultan of Zanzibar possesses in the towns
and territories above described, shall be fixed by special Agree-
ment, and that a schedule of them shall be then given by the
Government of His Highness the Sultan.
956
No.203J X\\/IH\U ANI. ITALY. [12 Aug., 18C2.
[Concession of Benadir Ports.]
•wment to be Approved by Queen of Great
!< / Italy.
AIM. XT. The present Agreement shall bo of value only
\\hcu it has been approved by the Govc-nimrnt of HIT M;
tin- Ourcn of Great Hritain and Ir-dand, Kmpress of India, and
by the Government of His Majesty the King of Italy.*
No Objection on part of Sultan to Concession of Towns, ..Jr., mi
Benadir Coast to Italy.
AI:T. XII. His Highness Seyyid AH, Sultan of Zanzibar,
has declared by his letters of 14 Rejeb, 1307 (6th March, 1890),
to Mr. Mackenzie, and of 5 Moharrem, 1310 (31st Jnly, 1892),
to Mr. Portal, that he has no objection to make to the Conces-
sion of the towns, ports, and territories of the Benadir Coast to
Italy, and that he will accept whatever arrangement may be
made and approved by the Government of Her Majesty the
Queen of Great Britain and Ireland, Empress of India, the
Protecting Power of the Sultanate of Zanzibar.
French or English Texts to be Appealed to in cases of differences
arising.
The present Agreement has been made out in six copies,
two of which are written in the English, two in the French,
and two in the Arabic language, all of one and the same tenour.
Should differences arise as to the interpretation of the stipula-
lations of the present Concession, the French or English texts
alone shall be considered decisive.
In faith whereof Sir Gerald H. Portal, Her Britannic
Majesty's Diplomatic Agent and Consul-General, and M. Pierre
Cottoni, Acting Consul for His Majesty the King of Italy, have
signed these presents and affixed their seals.
Done at Zanzibar, this 12th day of August, 1892.
(L.S.) G. H. PORTAL.
(L.S.) P. COTTONI.
* See Supplementary Agreement, 15th May, 1893, p. 958.
957
15 May, 1893.] ZANZIBAK AND ITALY. [No. 204
[Benadir Ports.]
No, 204.— SUPPLEMENTARY AGREEMENT to the
Agreement between Zanzibar and Italy of \'2th August,
1892, for the Provisional Administration by the Italian
Government of the Benadir Ports for the term of Three
years. Signed at Zanzibar, 15th May, 1893.*
THE Government of His Highness the Sultan of Zanzibar
and of its Dependencies on the East Coast of Africa grants by
the present Supplementary Agreement to the Government of
His Majesty the King of Italy the right to administer pro-
visionally for a term of three years, according to the stipula-
tions of the Convention of the 12th day of August, 1892
(No. 203), signed ad referendum by M. Pierre Cottoni and Sir
Gerald Portal, the ports, towns, and territories on the Benadir
Coast enumerated in Article I of the said Convention, on the
conditions specified in the following Articles: —
Payment to be made by Italy to Zanzibar in event of Evacuation
of Benadir Ports.
ART. I. Should the Government of His Majesty the King of
Italy, or the Company by which they shall be represented,
evacuate the said Benadir towns within or at the conclusion of
the term of three years, dating from the 16th day of July, 1893,
and thus abandon the Agreement signed ad referendum on the 12th
day of August, 1892 (No. 203), the Government of His Majesty
the King of Italy undertakes to pay to the Government of His
Highness the Sultan, immediately after the evacuation, a sum of
50,000 rupees as an indemnity for the expenses which the re-
establishment of the Sultan's administration in the Benadir
towns and ports would occasion to the Government of His
Highness ; this indemnity to be raised to 100,000 rupees if any
* This Agreement was approved by the Italian Chamber of Deputies,
and came into force in the middle of July, 1893.
958
No. 204] ZANZIHAR AND n AM . (.15 May, 1893.
[Benadir Ports.]
warlike operation^ h;i\r taken pi. HV in tin- country during tho
thrie inontlis preceding the evacuation.
Id rcrtion of certain J'ublic Work» to th-- S-
ART. II. Should tin- e\aciiation (if the tow us and
tin- Benadir Coast contemplated in tin- pn,-\ions Article
place, such public works as roads, leading murks, or other
•works to which a money value cannot be assigned, which the
Italian Company could not transfer to a third party nor
tinue themselves to work for profit, shall revert without com-
pensation to the Government of His Highness the Sultan. The
disposal of all other public works shall be regulated by
Article VII of the Convention of the 12th day of August, 1892.
Customs : Payment of Premium of 40,000 Rs. by Italy to
Zanzibar.
ART. III. The premium of 40,000 rupees which the Govern-
ment of His Majesty the King of Italy has undertaken to pay
to the Govemmeut of His Highness the Sultan of Zanzibar, in
accordance with Article VIII of the Agreement of the liith
August, 1892 (No. 203), shall only be paid when the said Agree-
ment shall come definitely into force, to wit, after the termina-
tion of the three years of provisional administration granted
by the present Supplementary Agreement, and on condition
that the country be not evacuated by the Government of His
Majesty the King of Italy at the conclusion of this provisional
period.
Duration of Present Agreement.
ART. IV. Tho provisional administration for three years in
accordance with the stipulations of the Agreement of the 12th
day of August, 1892 (No. 203), which is the object of tho
present Supplementary Agreement, shall commence from the
16th day of July, 1893, and shall terminate on the 15th day of
July, 1896, during which, period all the clauses and conditions
of the Agreement of the 12th August, 1892, shall be held to
be in force, subject to the modifications made therein by the
present Agreement.
959
15 May, 1893.] ZANZIBAR AND ITALY. [No. 204
[Benadir Ports.]
Execution of Agreement.
ART. V. Should no evacuation of the towns and ports on
the Benadir Coast have taken place before the 15th day of
July, 1896, the Agreement signed ad referendum on the 12th
day of August, 1892 (No. 202), by M. Pierre Cottoni and
Sir Gerald Portal shall, with all its clauses and conditions,
from and after that date have full force.
ART. VI. The present Agreement shall be of none effect
until it shall have been approved by the Government of Her
Majesty the Queen of Great Britain and Ireland, Empress of
India, and by the Government of His Majesty the King of
Italy.
ART. VII. The present Agreement has been drawn up in
six copies, three in English and three in French.
In faith of which Mr. Rennell Rodd, Her Britannic Majesty's
Acting Diplomatic Agent and Consul- General, and M. Pierre
Cottoni, Acting-Consul for His Majesty the King of Italy,,
have signed these presents and affixed their seals.
Done at Zanzibar this 15th day of May, 1893.
(L.S.) RENNELL RODD, Her Britannic Majesttfs
Acting Diplomatic Agent and Consul-
General.
(L.S.) COTTONI, Acting Consul for Italy.
The Sultan of Zanzibar to Mr. Rodd.
(Translation.)
(After compliments.) Zanzibar, May, 14, 1893.
As to the wishes of our friends the Italians regarding the
Benadir ports, I hereby appoint you and give you full power in
that matter to do what may seem good to you, and it is better
to have this matter settled by your Honour. I have faith in
you that you will do nothing but good for us.
Written by his order by his slave —
SALEM-BIN-MAHOMED.
960
No. 205] / \ N/I is v it \ \ i > MUSCAT. [2 April, 1881.
[Independence. ]
NO. 205.— A II' A/! ft of the Governor-General of /;"//</ f,,r
the ti-t/lniifnt of Differences between the Sultan of Muscat
and the Sultan of Zanzibar. Recoyaitio/t, of (lie 1
pendence of their respective States. 2nd April, 18G1.*
The Governor- General of India to the Sultans of Zanzibar and
Muscat.^-
Fort William, 2nd April, l>ol.
BELOVED AND ESIKEMKU FRIEND —
I address }our Highness on the subject of the unhappy dif-
ferences which have arisen between yourself and your J Ugli-
ness's brother, the Imam of Muscat, and for the settlement of
•which your Highness has engaged to accept the arbitration of
the Viceroy and Governor-General of India.
Having regard to the friendly relations which have always
existed between the Government of Her Majesty the Queen
and the Government of Oman and Zanzibar, and desiring to
prevent war between kinsmen, I accepted the charge of arbi-
tration between you, and in order to obtain the fullest know-
ledge of all the points in dispute, I directed the Government
of Bombay to send an officer to Muscat and Zanzibar to make
the necessary inquiries. Brigadier Coghlan was selected for
this purpose, an officer in whose judgment, intelligence, and
impartiality the Government of India reposes the utmost
confidence.
Brigadier Coghlan has submitted a full and clear report of
all the questions at issue between your Highness and your
brother.
I have given my most careful attention to each of these
questions.
The terms of my decision nre as follows : —
* This Award was accepted by the Sullan of Muscat on the 15th May
and by the Sultan of Zanzibar on the 25th June, 1861. (See " S.P.," vol. l?i,
pp. 1397, 1398.)
t Similar letters were addressed by the Governor-General of India to
H. II. Syud Majced, Sultan of Zanzibar, and to H. II. Syud Thowaynee Bin
Saccd bin Sultan, of Muscat.
961
2 April, 1861.] ZANZIBAR AND MUSCAT. [No. 205
[Independence.]
1st. That his Highness Syiid Majeed be declared ruler of
Zanzibar and the African dominions of his late Highness Syud
Saeed.
2nd. That the ruler of Zanzibar pay annually to the ruler
of Muscat a subsidy of 40,000 crowns.
3rd. That his Highness Syud Majeed pay to his Highness
Syud Thowaynee the arrears of subsidy for two years, or
80,000 crowns.
I am satisfied that these terms are just and honourable to
both of you ; and as you have deliberately and solemnly accepted
my arbitration, I shall expect that you will cheerfully and
faithfully abide by them, and that they will be carried out
without unnecessary delay.
The annual payment of 40,000 crowns is not to be under-
stood as a recognition of the dependence of Zanzibar upon
Muscat, neither is it to be considered as merely personal between
your Highness and your brother Syud Thowaynee. It is to
extend to your respective successors, and is to be held to be a
final and permanent arrangement, compensating the ruler of
Muscat for the abandonment 6f all claims upon Zanzibar and
adjusting the inequality between the two inheritances derived
from your father, his late Highness Syud Saeed, the venerated
friend of the British Government, which two inheritances are
are to be henceforward distinct and separate.
I am, &c.,
CANNING.
H. H. Syud Majeed, Sultan of Zanzibar.
H.H. Syud Thowaynee Bin Saeed bin
Sultan, of Muscat.
9G2
No.206! XANXIIIM; LND POETUOUL :25 Oct., 1879.
[Consular Jurisdiction, Ac.)
No. 206.— Ti: E. \ TY i,! toffal and Zamibar. Con-
nufnr Ji>ri.«i/i<-finn; it'-'-. Signed <'t '/. -•"•//< <>••!•
1879.*
[Ratifications exchanged at /aii/.ibur, 18th Juno, 1883.]
(Translation.)
(Extract.)
Appointment of Consuls.
ART. X. His Majesty the King of Portugal shall have power
to nominate Consuls to reside in the principal ports of trade in
the dominions of His Highness the Sultan of Zanzibar ; these
Consuls shall be always placed on the same footing as Consuls
of the most-favoured nation, and enjoy the same privileges,
immunities, and exemptions as within the same dominions are
granted to similar public functionaries of other countries.
Property of Deceasod Portuguese Subjects.
ART. XI. The Portuguese Consuls shall have authority to
receive the goods of Portuguese citizens who may die within
the dominions of His Highness the Sultan, and to remit the
same to the heirs, paying in the first place the debts that may
be due to the subjects of His Highness the Sultan.
Exterritoriality. Consular Jurisdiction.
ART. XII. The authorities of His Highness the Sultan of
Zanzibar shall not interfere in disputes between Portuguese, or
between them and others, subjects of Christian nations.
In disputes between a subject of His Highness and a Portu-
guese, if the complaint shall be made by the former, it shall bo
dealt with by the Portuguese Consul, who shall give judgment ;
on the other hand, if the claim shall be made by a Portuguese
subject against a subject of His Highness, or of any Mu^ul-
man Power, the cause shall be decided by the highest authority
of His Highness the Sultan, or by some one named by him, the
* S. P., TO!. In, p. 1246.
25 Oct., 1879.J ZANZIBAR AND PORTUGAL. [No. 206
[Consular Jurisdiction, &c.]
matter being for this purpose brought before the knowledge of
His Highness by the Portuguese Consul. In the event of the
case being judged by some one named by His Highness, it shall
not be proceeded with unless in the presence of the Consul
above referred to, or of some one named by him.
Should, however, a Portuguese subject be in the service of
the Government of His Highness, and have previously given
his subjection to the jurisdiction of the country and declared to
this effect at the Portuguese Consulate, he shall be tried by
His Highness in like manner as the subjects of His Highness
in the service of the Portuguese Consulate shall be tried by
that Consul.
ART. XIII. Should a Portuguese become bankrupt within the
dominions of His Highness the Sultan of Zanzibar, the Portu-
guese Consul shall take account of all the goods of the bankrupt
and give them over to his creditors for division among them.
This being done, the responsibility of the bankrupt shall cease
towards his creditor?, and he shall not be required to pay the
deficit out of any goods which he may subsequently acquire :
but the Portuguese Consul shall, in the interest of the creditors,
make every endeavour to secure the delivery of all the goods
which the bankrupt may possess without reserve at the time
that he shall have been declared insolvent.
ART. XIV. If a subject of His Highness the Sultan of Zan-
zibar shall refuse or evade payment of a debt due to a Portu-
guese, the authorities of His Highness shall render the creditor
every help and facility in order that he may obtain what is due.
In the same way the Portuguese Consul shall give all help to
the subjects of His Highness in the recovery of debts which
they may have to claim from Portuguese.
AKT. XV. His Highness the Sultan of Zanzibar shall have
the power to nominate Consuls in the towns and harbours of the
dominions of Portugal for the protection of his own interests
and those of his subjects, and such Consuls shall enjoy the same
rights, liberties, and privileges as may be granted to the Consuls
of the most-favoui'ed nation.
964
No. 207] ZANZIBAR AND UNITED 8TATE3. [Sept, 1833.
[Consular Jurisdiction.]
No. 207.— TREATY between Muscat and the Uniteil States,
respecting Consular Jurisdiction. 21st <&'< 1833.*
Appointment of United States Conruls. Jurisdiction,
Privileges, Inviolability of Domicile, fa.
(Extract.)
ART. IX. The President of the United States may appoint
Consols to reside in the Ports of the Sultan where the principal
commerce shall be carried on, which Consuls shall bo tho
exclusive judges of all disputes or suits wherein American
citizens shall be engaged with each other. They shall havo
power to receive the property of any American citizen dying
within the Kingdom, and to send the same to his heirp, first
paying all his debts due to the subjects of tho Sultan. The
said Consuls shall not be arrested, nor shall their property be
seized, nor shall any of their household be arrested, but their
persons and property, and their houses, shall be inviolate.
Should any Consul, however, commit any offence against tho
laws of the Kingdom, complaint shall be made to the President,
who will immediately displace him.
* S.P., vol. xxii, p. 587. Katifications exchanged at Muscat, 30th Sep-
tember, 1835. Treaties concluded by Muscat with Foreign Powers before
10th March, 1862, are applicable also to Zanzibar. See also Treaty, 3rd July,
1886, p. 966.
965 3 r
3 July, 1886.] ZANZIBAR AND UNITED STATES. [No, 208
[Consular Jurisdiction.]
No. 208.— TREATY between the United States and Zanzibar,
enlarging and defining the Stipulations of the Treaty
between the United States and Muscat of 21st September,
1833,* respecting Consular Jurisdiction, &c. Signed at
Zanzibar, 3rd July, 1886.
[Ratifications exchanged at Zanzibar, 29th June, 1888.]
ART. I. — Import Duties. Spirituous Liquors.
Consular Jurisdiction.
ABT. II. The Consuls of the United States appointed under
the stipulations of the IXth Article of the Treaty above men-
tioned (21st September, 1833, No. 207) shall, in addition to
the rights, powers, and immunities secured by said Article,
enjoy all the rights, privileges, immunities, and jurisdictional
powers which are now or may hereafter be enjoyed by the
Consuls and Consular Agents of the most-favoured nations,
and, conversely, the Consuls and Consular Agents which His
Highness the Sultan may appoint to reside in the United States
shall have the treatment of Agents of like grade of the most-
favoured nation.
* S. P., vol. liXTiii, p. 777.
906
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UNIVERSITY OF TORONTO LIBRARY
JX Hertelet, Sir Edwerd
1026 The map of Africa by
1896 treety. (2d and rev. ed.)
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