NEW AFRICA
Brussels. — J. JANSSENS, printer, 25, rue des Armuriers.
NEW AFRICA
AN ESSAY
ON
GOVERNMENT CIVILIZATION IN NEW COUNTRIES
AND ON
the Foundation, Organization and administration
OF
THE CONGO FREE STATE
BY
E. DESCAMPS
SENATOR, PROFESSOR OF INTERNATIONAL LAW AT THE UNIVERSITY OF LOUVAIN
SECRETARY GENERAL OF THE INSTITUT DE DROIT INTERNATIONAL
MEMBER OF THE INSTITCT COLONIAL INTERNATIONAL
MEMBER OF THE PERMANENT COURT OF ARBITRATION
TRANSLATED FROM THE FRENCH
LONDON
SAMPSON LOW, MARSTON AND COMPANY
LIMITED
St. IMIII-I ;• ir« House
FETTER LANE, FLEET STREET, E. C.
1903
STACK
ANNEX
.602,
CONTENTS
Pages.
INTRODUCTION. . . . .... ... xiii
PART FIRST
HISTORY
CHAPTER FIRST
Genesis of the African civilization movement . . 5
\ . General view of the African civilization movement. 5
2. The great initiative. — Its character and extent . 7
5. The problems of the future. — The idea of sup-
pressing the slave-trade in its home .... 12
4. International work and national tendencies. . . 15
5. New aspect of the African problem 19
CHAPTER II
Civilizing Government in new countries. — Acces-
sion of the Congo among the Xations 25
1. Civilizing Government in the independent Colony. 24
2. Civilization of savage tribes 26
5. The legal foundation of the Congo Slate. ... 28
4. Generating principle of the new political organism.
— False points of view 50
5. Actual formation of the State. — Its characteristic
moments 55
6. Recognition of the Slate. — Convergent interests of
the Powers 57
7. The perFonal union. — Official title of the State. •
— Notifications . 45
VI CONTENTS
Pages.
8. Character of the honours rendered to the State. —
Influence of its establishment on the development
of African possessions 44
PART SECOND
THE GREAT TREATIES
CHAPTER FIRST
The Berlin Conference and the economic Regime of
the Congo SI
I. The starting point of the African Conference ... 51
II. The Berlin General Act and Commerce .... 55
1. The place of commercial conventions in the law
of nations. — The effect of the Berlin Act in this
respect 55
2. Commerce and commercial matters according to
the Berlin Act 58
3. Exemption from customs duties. — Authorized
taxes 60
4. Extent and limitations of commercial freedom
under the Berlin General Act 67
5. Public and patrimonial domains of the State. —
Their constitution 70
6. Settlement of the State's patrimonial domain . . 75
7. Land legislation and commercial freedom ... 77
8. State commerce and private trade 80
9. Rights of the natives 84
10. Taxes in kind 87
11. Prestation of labour and the slavery question . . 94
III. The Berlin Act and Navigation 103
1. Great water-courses. — International rivers . . 104
2. Freedom of navigation according to the Berlin Act 108
3. The prospect of an international navigation Com-
mission 110
IV. Tfie Berlin Act and Railways . .' 1 14
1. Legal status of railways, according to the Berlin
CONTENTS VJI
Pages.
Act, and especially of railways constructed to
supplement Congo navigation 114
2. The rights of the State as to the tariff. — Systems of
reduction. — Special rates 116
V. General aspect of the economic regime of the Berlin
Conference. — Basis of the arrangement . . . 121
CHAPTER II
The Brussels Conference and the Fight against
Arab slave-dealers 128
1. The western and colonial slave-trade .... 128
2. The oriental slave-trade 130
5. The struggle against the slave-trade in central
Africa. — The Berlin Act 131
4. The problem of the suppression of slave-trade after
the Berlin Conference 4 . . 133
5. The anti-slavery movement. — Its origin and cha-
racter 135
6. The agreement between Germany and Great Bri-
tain. — Great meetings in Germany and in
England 138
7. Great Britain's appeal to Belgium. — The Brussels
Conference 141
8. A new hommage by the Powers to the Congo State 144
9. Putting the Brussels convention in force. — The
necessary fight against slave-traders .... 147
10. The campaign against the Arab man-hunters and
slave-dealers. — The downfall of Arab power in
the Congo 149
11. Results of the victory 151
CHAPTER III
Re visionary Tendencies 155
VIII CONTENTS
Pages.
PART THIRD
THE 1XST1TUTIOXS
The Institutions 161
CHAPTER FIRST
The Sovereignty 165
CHAPTER II
The Form of Government 169
CHAPTER III
The Territory 173
1. The State's Boundaries 173
2. Territories taken on lease . . 176
3. The increase of terri ton' 178
CHAPTER IV
Neutrality. . 180
CHAPTER V
Subjects Of jurisdiction 18 i
CHAPTER VI
The policy of the State IS7
CHAPTER VII
Legislation 104
CHAPTER VIII
Administration 204
}. The Central Government 204
1. The Secretary of State 203
2. The three Departments. — The Treasury . . . 203
3. The High Council of the Congo Free State . . . 208
4. The auxiliary institutions located in Belgium . . 209
CONTENTS IX
IF. The Local Government 209
1. The Governor-General 210
2. State Inspector. — The Secretary General's office.
— Directors' Departments 212
5. The advisory Committee 212
4. The district commissioners 213
5. The zone chiefs. — The post commanders. —
Commanders of special missions 215
6. Special administrative services ...... 216
7. The native Chieftaincies. — The residents . . . 216
CHAPTER IX
The Police. . 218
1. The Administrative Police 218
2. The Judicial Police 221
CHAPTER X
Justice 222
\. Organisation and jurisdiction of the Courts. . . . 222
1. The Tribunal of First Instance at Boma . ... 222
2. Territorial Tribunals 223
5. The Court of Appeal at Boma 224
4. The Public Prosecutor's office in the Congo. . . 223
5. The Court of Appeal and the Court of Cassation
established in Brussels 225
6. Courts-Martial. — Military Court of Appeal at Boma 225
IL Judicial procedure 227
III. The operations of the Courts 228
CHAPTER XI
The Domain 252
1. Starting point and development of the land system
of the State. — Respect for the vested rights of the
natives and foreigners 234
2. The general aspect of land tenure of the Stale . . 242
5. Public property and ils extension 244
4. Land concessions in freehold 245
5. The grants of use 248
6. The leases. 249
X CONTENTS
Pnttes.
7. The private domain and its organization . . . 230
8. India-rubber collecting 231
9. Cultivation 256
10. The domain of the Crown 260
11. Secondary forms of fructification of the domain . 261
12. Forests 264
13. Mines 266
14. Ivory 269
15. Criticism on the land system 271
CHAPTER Xll
The Finances 273
1. The financial relations between Ihe State and Bel-
gium 275
2. The budget 275
3. The public debt 281
4. The monetary system. — Paper currency ... 283
CHAPTER X11I
The Public Force 288
1. Army recruiting 289
2. The organization of troops 293
3. Duty of the Public Force 299
CHAPTER XIV
Navigation and river system 312
1. Maritime navigation 312
2. River navigation 314
CHAPTER XV
Railways and means of communication by land . . 318
1. Railways 318
2. State Roads 322
CHAPTER XVI
Economical auxiliary Equipment. — Telegraphs and
Post-Offices 524
1. Telegraphs 324
2. Post-offices 524
CONTENTS XI
CHAPTER XVII
Panes.
Trade 526
1. Exports 327
2. Imports 328
CHAPTER XVIII
The Missions 551
CHAPTER XIX
Tlie Sciences 559
CHAPTER XX
The Government as a Civilizer 546
\. Suppression of the slave-trade 549
2. Measures against the imporlation of arms . . . 551
5. Measures against the importation of spirits . . . 553
4. Measures against the ravages of epidemics . . . 536
5. Measures against horrible barbarous customs . . 556
6. Measures to prevent tribal wars 560
7. Servile « status » not legally recognized . . . . 561
8. How the worthiest among the blacks may acquire
full enjoyment of civil rights 565
9. Improved conditions of family life among the blacks 565
10. Penal measures enacted against attacks upon the
person or property of natives 564
41. Measures concerning the respect due to the vested
rights of natives 565
12. Admission of the blacks to the advantages of the
jurisdiction organized by the State 566
15. Special laws regulating contracts of service passed
between blacks and non-natives 366
14. The special protection granted to blacks for obtai-
ning redress according to law 370
15. The committee for the protection of natives . . 370
16. The settlements for native children . 571
XII CONTENTS
Pages.
17. The guardianship exercised by philanthropic and
religious societies 572
18. The local committees for public health .... 575
19. General influences : Governmental, economic and
moral 574
20. A page of comparative statistics 575
PART FOURTH
THE SOVEREIGN
The Sovereign 581
1. The advance of modern colonization 581
2. Leopold I and colonization 589
5. The ideas of the Duke of Brabant 590
4. The work of King Leopold II and his programme . 50-t
INTRODUCTION
In writing this book, our aim and object are to survey
one of the most interesting forms of pol ideal organization,
i. e. Government civilization of new countries, also to
explain Iiow H. M. King Leopold II., solved this
problem in the centre of barbarian Africa.
History witJi its events, International Law with its
construction of treaties, colonial policy with its studies on
the formation and condition of new communities in new
colonies, have all contributed to make up this book.
We shall give expression to each of those elements in
their turn.
We shall also endeavour to explain, documents in hand,
the origin of the actual movement towards civilization in
Africa, the rise of the Congo State amongst other nations,
as well as the different facts which constituted its existence,
making up its own life.
With the aid of International Law, we shall try
XIV INTRODUCTION
to explain the contents and meanings of the Berlin and
Brussels Acts, which are conspicuous in the civilization of
Central Africa.
And with the help of comparative colonial policy, we
shall examine how, amongst savages of Equatorial Africa,
the Founder of the Congo Free State built up a new
instrument of civilization.
When the dust of time will have blown over the present
conflicts, and when impartial justice will have determined
the real greatness of men and events, few incidents will
stand out as conspicuously, during the last quarter of the
nineteenth century, as the opening of Central Africa to
civilization. Without anticipating the judgment of future
generations, we gather documents and testimony to prove
the above statement.
Although it often may be said that contemporary history
is least known, yet it may be also that it is easily forgotten
or misconstrued. The great work of exploring and civi-
lizing Central Africa, which began twenty five years ago
and is still continued, should not be exposed to such obli-
vion or misconstruction. It may confidently await the
verdict of the future ; however it is of considerable impor-
tance that it should be appreciated at the present day.
Without expecting to appease all passions and to conci-
liate all interests arising out of this, as out of every other
human enterprise, we hope that a little more light thrown
on its fundamental aspects may contribute to dissipate
INTRODUCTION XV
many prejudices and certain oppositions, to bring facts into
proper focus : which is, after all, the main form of justice.
In our opinion, it is possible to arrive at such a result,
without offending any body. By nature we are peaceful,
but we are also open to reason. Generally we find it
beneficial to deal with questions pacifically, avoiding
irritable controversies. In many conflicts, there is to be
found a misunderstanding and some apparent contra-
dictions. At one step of the ladder, stands irreductible
opposition; at the second, agreement and conciliation.
Unfortunately certain minds stop at the first rung of the
ladder.
According to the statement recently made by the Prime
Minister of Great-Britain, international weakness springs
out of international animosity.
Having followed, from its origin, the African move-
ment, we have studied the Congo Stale at all its stages,
and we put down in this volume the result of our observa-
tions on this enterprise, which is the development of a
Neiv Africa.
And so we complete the long — desired — for diptych, of
which one side is dedicated to neutral and independent
Belgium, and the other, to neutral and independent Congo.
April 9, 1903.
PART FIRST
HISTORY
CHAPTER FIRST.
Genesis of the African civilization movement.
Contemporaries are seldom qualified to judge of the
importance of events which occur under their own eyes.
The « aerial perspective, » as M. de Staal put it at The
Hague Conference, is wanting in their case. But some
developments are so clearly and so distinctly outlined that
the panorama becomes easily intelligible to the ordinary
observer. This is the case with the great historical event
which we are about to study.
1. — GENERAL VIEW
OF THE AFRICAN CIVILIZATION MOVEMENT.
The African civilization movement has brought a new
Continent, with its unknown races and its unexplored
wealth, within the sphere of universal civilization. It has
heralded the pacific distribution of the world which
is now being accomplished. It has, to some extent,
inaugurated — except for England, who had for a long
time been working in this direction— the politiquemoudiale
4 THE AFRICAN CIVILIZATION MOVEMENT
which connects new countries, old nations and all forms of
civilization by the most various bonds of public law, unifies
the general conditions of human existence, and makes
the sea a real highway of the world. And it would,
perhaps, not be difficult to recognise in what is known as
« the siege of China » a sort of continuation — in very
different and often mistaken conditions, it is true — of what
has been called « the storming of the Black Countries » .
At any rate, it is certain that the combination of public
and private efforts put forth in the settlement of Africa
has eclipsed the previous conquests of new lands and
offers, in many respects, a spectacle unique in history.
The aspect of contemporary States, with their stately
procession of colonies, protectorates and spheres of
influence, has become as complex as it is imposing.
The essential characteristic of the African movement
at the close of the nineteenth century is the keen and
continued competition among the chief factors of Euro-
pean civilization in their effort to conquer economically,
morally and politically, by peaceful methods, the Dark
Continent, not only on its borders but even to its very
heart.
Undoubtedly, the Egyptian expedition of 1798, when
Bonaparte first won his fame, the final occupation
of the Cape by England in 1815, the conquest of
Algeria begun in 1830, and, nearer to our own age, the
digging of the Suez Canal, started in 1859 and completed
ten years later, —all mark brilliant eras in the history of this
land of Africa whose destinies have been so strange,
and where it seems that human genius, after exhausting
which no longer knows lost lands and disinherited races,
THE AFRICAN CIVILIZATION MOVEMENT 5
the cycle of its migrations over the world, returns deci-
sively and actively to resume the long neglected work of
the most ancient civilizations.
But the mighty centres of effort of which we have
spoken, and even more so the secondary coast establishments
which have fringed with greater or less attempts at civili-
sation the enormous Black Continent spread over a quarter
of the surface of the globe, have after all had but a limited
influence. The Foreign Office was still far from being
able to find a means of connecting Cairo with the Cape
through the interior of Africa ; the Quai d'Orsay authorities
were equally unable to work out plans for an overland
route from the Mediterranean to the Congo. The heart
of Africa was considered incapable of becoming a seat of
government ; one would as soon have thought of attempting
to carry on political work at the poles. Impassable deserts
and impenetrable forests, inaccessible mountains, towering
cataracts, a climate of fire, Stygian swamps, — such were
the obstacles to be surmounted before the unknown land
could be explored. It was always admitted that the
interior must contain inexhaustible reserves of human
forces. But could those herds of blacks, which greedy
and sanguinary bands led towards the coasts, ever serve
for anything else but to recruit the Oriental slave-markets,
or to replace their fellows across the Atlantic? And if
humanity revolted at the infamous slave-trade, if govern-
ments were anxious to purge the Ocean of slave-dhows, did
it not seem as if this man-trading and man-hunting could
never be suppressed in their very home?
It cannot be forgotten that intrepid explorers had
made voyages of discovery into the heart of the Dark
C THE AFRICAN CIVILIZATION MOVEMENT
Continent. The foundation of the Geographical Society
of London in 1 788 marked the commencement of multi-
farious researches which thinkers connected with equally
memorable enterprises in bygone ages. But the furrows
cut by these pioneers of isolated exploration seemed to
be filled up as soon as they were made, like footprints
in quicksand. Although science gained something
from the work of these brave explorers, the heart of
Africa remained a mystery. And if the veil was drawn
aside from time to time, it was but to expose horrors such
as those which made Livingstone cry : « In the case of
most disagreeable recollections I can succeed, in time, in
consigning them to oblivion, but the slaving scenes come
back unbidden, and make me start up at dead of night
horrified by their vividness (1). » Cannibalism, human
sacrifices, man-hunting and slave-trading, with their accom-
panying nameless cruelties and endless suffering, were the
features of the ferocious tribal anarchy which alternated
with the incursions of men of prey, in search of plunder and
of captives for far-off slave-markets — men resolved to
conquer by fire and sword, at the cost of any amount of
devastation and carnage.
The accounts given by the explorers aroused, from time
to time, a feeling of curiosity and pity among civilised
nations— a pity intimately bound up with the very fibres
of our nature and which, for that reason, we call
sentiments of humanity. But they did not seriously stir
public opinion, neither did they secure any permanent
attention from the Governments. These things happened
({) The latt Journal* of David Livingstone, Paris, vol. II, p. 212.
THE GREAT INITIATIVE 7
so far away, in such an inhospitable land, — and it had ever
been thus, with the fatality -of a natural law! Besides,
there was so much to do at home : Governments had to be
induced to make the conditions of life easier, public
and even private differences had to be settled, and
so on !
2. — THE GREAT INITIATIVE. — ITS CHARACTER
AND EXTENT.
Let the plain truth be acknowledged : it is King-
Leopold II. who has faced and clearly defined the African
problem. It is he who has marked out the destinies of New
Africa. The elements of a convergent, complete, methodic
policy were determined and arranged by him, surrounded
by all that light which the presence in Brussels of
numerous explorers and others could throw upon this
great desideratum. The most illustrious explorers, the
presidents of the leading geographical societies of Europe,
learned men and statesmen, all combined to heighten the
effect of the memorable International Geographical Confe-
rence of September 12, 1876.
September 12, 1876 : that date must remain engraved
in the heart of every friend of human progress. As time
goes on, the day will become ever more memorable.
Belgium, where jubilees are so carefully celebrated,
might have remembered this great day in 1901.
If the Africa of the future with its millions of negroes
redeemed from barbarity, with its railways and telegraphs,
with all its increasing material and moral progress, — if
Central Africa, in its wealth and brilliance, some day
8 THE GREAT INITIATIVE
celebrates on its lakes and rivers, in its valleys and on its
mountains, its great Thanksgiving's Day, the date of the
Brussels Conference and the name of Leopold II. will be
greeted on that day with the acclamations of peoples
echoing the verdict of history. This honor is but simple
justice, this glory should remain inviolable.
The character and extent of the initiative taken by
Leopold II. in 1876 can be clearly ascertained by means
of official documents.
« So far, » said the King in his letter of invitation,
after pointing out that several expeditions, fed by private
funds, had already been sent to Africa and had testified to
the general desire to arrive at a satisfactory result, « so
far, the efforts which have been made were put forth
without a common policy. »
« I learned in England recently, » he continued, « that
the leading members of the Geographical Society of London
were quite willing to meet at Brussels, together with the
presidents of the chief geographical societies of the
continent and those persons who, by their travels, studies
and philanthropic aims, are most closely identified with
the efforts to spread civilization in Africa. Such a meeting
would justify a sort of Conference the object of which
would be to discuss together the present situation in
Africa, to ascertain the results already attained, and
to decide upon future action. »
In opening the Conference, His Majesty indicated the
object to be aimed at in these words :
« To open up the only portion of the globe where civi-
lization has not yet penetrated, to disperse the darkness
which shrouds entire peoples. To discuss and decide
THE GREAT INITIATIVE 9
upon the means to be adopted and the steps to be taken
in order to plant definitively the standard of civilization on
the soil of Central Africa. (1) »
The following are the terms adopted by the meeting
over which the King presided, in which the steps to be
taken were decided upon. The resolution of the Confe-
rence with regard to civilising stations is thus drawn up :
« In order to attain the object of the International Conference
of Brussels, namely : to explore scientifically the unknown portions
of Africa, — to facilitate the opening up of means of civilization in
the interior of (lie african continent, — to seek means for the suppres-
sion of tlie slave-trade in Africa, — it is necessary :
» 1. — To organise on a common international plan the
exploration of the unknown portions of Africa, limiting the
territory to be explored on the east and west by the two seas,
in the south by the basin of the Zambezi, in the north by the
frontiers of the new Egyptian territory and the independent
Soudan. The most practicable method of exploration will
be the employment of a sufficient number of isolated explorers,
setting out from various bases of operation.
» 2. — To establish as bases for these operations a certain
number of scientific and hospital stations, both on the coast
and in the interior of Africa.
» Some of these stations will have to be established on the
eastern and western coasts, at points where european civiliza-
tion is already represented, for instance, at Bagamojo and
Loanda. The stations will stock and distribute means of
existence and of exploration to the travellers. They can be
established at slight cost, being managed by Europeans already
residing at the respective points.
» The other stations would be established at places in the
interior where they would be of the greatest service to the
(1) Conference gcographique de Bruxelles. Rapport de la seance inau-
gurate du 1:2 septembre 1876.
10 THE GREAT INITIATIVE
immediate needs of the explorers. The establishment of these
latter stations would be commenced in the most appropriate
places for the object in view. For instance, L'jiji, Nyangwe,
the residence of the king, or some point situated in the domains
of Muala-Yamvo might be selected. The explorers could later
on suggest sites for new stations of the same character.
» Leaving the question of reliable communication between
the stations to a future date, the Conference expresses the wish
that a line of communication, as far as possible continuous,
be established from Ocean to Ocean, following approximately the
route of Commander Cameron. The Conference also expresses
the hope that similar lines of communication from north
to south will be established later.
» The Conference appeals for the goodwill and cooperation of
all travellers who undertake scientific explorations in Africa,
whether they travel under the auspices of its International
Committee, or not. »
Systematic exploration, with the establishment of hos-
pital and scientific stations as a starting point, — civiliza-
tion with the suppression of the slave trade as an object :
such was the task which rendered necessary the creation
of a new body.
The Conference considered that the formation of an
International Central African Committee of exploration and
civilization, seconded by National Committees, would be
a practical means of attaining the desired end. The active
part of the work was confided to an Executive Committee
composed of the King of the Belgians as President,
Dr. Nachtigal, Sir Bartle Frere— who soon resigned, on
accepting an official position from his Government, and
was succeeded by Mr. Sandford,— M. de Quatrefages,
and Baron Greindl as secretary.
Speaking wisely of the situation of his own country,
THE GREAT INITIATIVE 1 1
the King had remarked, in his inaugural address, that
Belgium was « happy and contented with her lot, «
adding, however, that he would be « glad to see Brussels
become the headquarters of this civilizing movement. »
In reading the report of the Brussels Conference, one is
struck with the practical wisdom and appreciative foresight
of the King of the Belgians.
While proposing the establishment of a system of
permanent stations, he at the same time defined their
scope. They would be hospital posts and places of refuge
for the explorers ; they would be scientific observatories,
centres of geographical, geological, climatic and ethno-
graphic research. Science would profit by them first,
then commerce, industry, missions and every branch of
human activity. They would also be centres of civili-
zation helping to pacify the barbarian tribes around them,
offering a refuge against the slave dealer, placing some
technical education within the reach of all, as a step
up to a more civilized life and a higher degree of human
culture.
This task was doubtless the work of a distant future,
but it aroused attention, while the Conference considered
the economic and moral factors necessary to cooperate
with the work of the permanent stations, always keeping
in view the importance of efforts towards civilization.
The various plans discussed at the Brussels International
Geographical Conference in order to realize the ideas
of the King of the Belgians are too often forgotten. Who
remembers the magnificent plan which, after tracing a line
of communication between the eastern and western coasts
of Africa, from Bagamoyo to St. Paul of Loanda, grafted
12 THE PROBLEMS OF THE FUTURE
perpendicularly on lo that line three branches, towards
the Congo, towards the Nile and towards the Zambezi,
and connected the land sections of the two last-named
waterways by means of steamboats on the Nyassa, the
Tanganika and the Victoria-Nyanza (1)? England, at any
rate, has not lost sight of the economic and political
importance of that conception. The Conference decided,
after consideration, on an easier attained object consisting
of the exploration of unknown equatorial Africa, the esta-
blishment of exploring headquarters on the coasts of the
Indian and Atlantic Oceans, and of interior posts at Ujiji,
Nyangwe, and a third station in the dominions of Muata-
Yamvo. The Conference expressed the hope, as we have
already seen, that these posts \vould be connected by
means of a line of communication « as far as possible
continuous, » and that other lines would be opened from
north to south. The enterprise thus had a precise point
of convergence without excluding any further steps which
future events might justify.
3. — THE PROBLEMS OF THE FUTURE. -
THE IDEA OF SUPPRESSING THE SLAVE-TRADE IN ITS HOME.
A start had been made, the preliminary plan had been
drafted. People recognised that the African question had
entered on a new phase. Of course many points relating
to « future contingencies » remained to be settled. There
was no doubt that science and humanity were interested
(1) Conference geographiquc de Bruxelle*. Rapport presente par Sir
Henry Raulinsun. Compte rendu, p. 19.
THE PROBLEMS OF THE FUTURE 13
in the success of the scheme. Who would have dared
to say that the development of the work had no significance
for the economical and political future of Africa ? But these
prospects were still very far off, and the Conference could
only relegate to the future those problems which belonged
to the future. One immense task lay before the Confe-
rence : that task had to be pushed forward ; but, as
Vice-Admiral de la Ronciere-le Noury pointed out, the
Conference would not « prevent any action besides its own, »
nor would it impede what M. de Semenow called « the
natural march of events (1). »
The new enterprise was helping forward, in a precise and
important manner, a series of measures which had been
contemplated for some time past by civilized States.
Suppression of the slave-trade had been aimed at in
various diplomatic instruments since the Vienna Congress.
But those efforts had been almost exclusively directed
against slave-traffic at sea. The Brussels Conference, on
the King's initiative, took up the problem of how to deal
with this scourge in its very home and on the roads
traversed by slave-caravans.
It is not without interest to recall how the Ring of the
Belgians, as far back as November 6, 1876, described
a state of things which, some twelve years later, greatly
excited public opinion.
« Slavery, still existing in a large portion of the
African Continent, » said Leopold II., in the inaugural
meeting of the Belgian Committee, a is a plague that
every friend of civilization must desire to see destroyed.
(1J Conference fjcofjrapliique de UruxeUes. Compte rendu, pp. 14 to 16.
14 THE PROBLEMS OF THE FUTURE
» The horror of this state of things, the misery of the
victims who are yearly massacred by the slave-trade, the
even larger number of perfectly innocent beings who,
brutally reduced to captivity, are condemned wholesale
to penal servitude for life, have deeply moved those who
have studied the deplorable situation, and they decided
to meet, to come to an understanding, in a word, to found
an international association to stop this horrible traffic
which put the present age to shame, and to tear aside
the veil which still hangs over Central Africa (1). »
« The International Association, » added the King,
« in no way claims the monopoly of the good which could
and ought to be done in Africa. It should, at first,
guard against a too exhaustive programme. Sustained by
public sympathy, we are convinced that if we succeed in
opening up routes, in establishing stations to help travel-
lers, we shall be helping to civilize the blacks and to foster
trade and industry among them.
» We boldly affirm that all who are interested in the
emancipation of the black races are interested in our
success. »
It was, then, not without reason that a great apostle of
African regeneration, recalling these words, the first that
were deliberately and solemnly uttered for the abolition
of the African slave-trade in its very home, wrote to His
Majesty Leopold II. on Novembers, 1889 : —
« Posterity will place among us the name of Leopold II.
(i) Association Internationale pour re primer la traite et omrir I'Afriqite
centrale. Compte rendu de la stance du Comite" national beige du
6 novembre 4876.
INTERNATIONAL WORK 15
at the head of human benefactors for the princely
enterprise, perseverance and sacrifices contributed by him
in such a cause.
» It is to Your Majesty that the interior of our Continent
will owe its resurrection. It was in Brussels that Your
Majesty gathered together, twelve years ago, those most
capable by their knowledge and influence in their respec-.
tive countries, as well as by their loftiness of aim of usefully
cooperating with Your Majesty (1). »
Irresponsible pamphleteers sometimes speak, with a
strange disregard of facts, of the opportunity which this
or that Power might have, according to them, of growing
richer by some spoliation of the young African State. They
obviously forget the degrading nature of such an impu-
tation, when considered -in relation to the special claim
to international inviolability which the Sovereign of this
State derives from his useful initiative in Africa. Perhaps
they think that people are wont to tolerate a great
deal, and to condone even more, in politics. But the con-
science of the civilized peoples still enforces certain duties
which nobody can escape. And the wisdom of nations
tells us that « it is wicked to seethe the kid in its mother's
milk. »
4. — INTERNATIONAL WORK AND NATIONAL TENDENCIES.
Neither individuals nor nations are in reality the brutal
monsters that certain pessimistic detractors of human
(1) Letter from His Eminence Cardinal Lavigerie to H. M. Leopold II.
Documenti sitr la fondation de I'a-uvre antiesclavagiste. Paris, 1889.
16 INTERNATIONAL WORK
nature would have us believe. And (is it necessary to add?)
they are not either the angels of perfection or the paragons
of altruism imagined by deceptive optimists. Weak
human nature, divided into national fragments, must not
be expected to bear the \veight of too much international
feeling, especially when questions of policy are concerned.
The Conference found it necessary, in drawing up regula-
tions to meet difficulties and contingencies which were
foreseen, to declare that the National Committees should be
to a certain extent autonomous, « according to the mode
which shall seem preferable to them. » While the duties
of these Committees, and their relations with the central
institution, were defined with a due regard to susceptibili-
ties, the English branch, formed among the Geographical
Society of London, with the especial denomination of
« African Exploration Fund, » although holding similar
views to those of the Executive Committee and sending
the latter £ 250, preferred to give to its action a purely
national character.
With regard to material resources, the Belgian Com-
mittee, taking advantage of a wave of generosity, had
collected half a million francs. Abroad, hardly a hundred
thousand francs were subscribed. In fact, but for the
zeal of isolated individuals and the valiant collabora-
tion of the African pioneers whom the King had gathered
around him, Leopold II. soon found himself, to use a not
inapt local expression, « almost alone with his elephant on
his hands. » Sir Edward Malet, in expressive lan-
guage, reminded the Berlin Conference of this situation
« Throughout a long cours of years, » said he, « the
King, ruled by a purely philanthropic idea, has spared
INTERNATIONAL WORK 17
neither personal effort nor pecuniary sacrifices in anything
which could contribute to the attainment of his object.
Still the world generally viewed these efforts with an eye
almost of indifference. Here and there His Majesty aroused
sympathy, but it was in some degree rather a sympathy of
condolence than of encouragement (1). » As often happens
in enterprises on a collective basis, the work was personified
in its initiator, who could neither assure it an effective inter-
national character, nor make it a purely Belgian enter-
prise, Belgium preserving, with respectful admiration,
a somewhat expectant attitude. We need not refer to the
Army, that great school of fidelity and devotion, where the
King's efforts, from the first, found so many followers
always prompt to make the most heroic sacrifices.
While rendering all justice to individual cooperation, it
must be actually realized that the whole responsibility
rested on Leopold II. ; all the outgoings and deficits to be
made good— which were at that time the most prominent
feature— fell upon him, and people witnessed the spec-
tacle, in many respects unique in history, of a man's will
wrestling alone with the civilization of a world.
That man, it is true, was no ordinary individual :
he was a reigning prince whose prestige wras an important
element of success, but whose country certainly took as
yet not much stock of his enterprise.
The start was not exactly encouraging. The Belgian
Committee, the first to be formed, was entrusted with the
work of establishing a station at Lake Tanganika, arriving
(1) Protocoles et Acte general de la Conference de Berlin (1884-1883),
p. 266.
3
18 INTERNATIONAL WORK
there from Zanzibar. That was done, but at what cost of
efforts and heroic sacrifices ! The Committee, or rather the
King, sent successively six expeditions. They were nearly
all decimated by death. Cambier and Storms, the
founders of Karema and M'pala, are, if we mistake not,
the sole survivors of those initial exploring parties ; and it
has been said verily that the story of the first five years'
efforts of the Belgians in the Congo resembles a chronicle of
martyrdom. In Belgium, across the mists of the Ocean,
what was called « the African Minotaur » assumed
fantastic forms.
The German Committee had organised the Bohm and
Reichardt expedition which preluded German settlement
in East Africa. The French Committee organised two
parties, including that of Brazza which finally settled in
Gabon and the French Congo. National exclusiveness
and political enterprises came to the front. While the
Committees of several countries had, owing to lack of
funds, given up participation in an international pro-
gramme, the Committees of other countries, in order
to avoid a similar disaster, solicited and obtained from
their respective Parliaments funds to carry on their work,
and the political nature of this assistance necessarily drove
them into separate political action. It became evident that
each of the countries interested in Africa meant to work on
its own account. It would be unjust to attribute this to
the Belgians or to their King, whose idea and work
were disinterested and truly international. The fact is, a
different bent was given to King Leopold's action, under
pain of renouncing all future work in Africa. And the
King was induced to adopt this line in order to avoid
NEW ASPECT OF THE AFRICAN PROBLEM 19
dangerous international complications. We think we are
right, moreover, in stating that the British Government,
in view of the then passing events, assured our Sovereign
thnt a new plan, inspired by new circumstances, would
meet with no opposition from England. It is true, however,
that statesmen, in England as elsewhere, were inclined to-
consider the attempts at colonization in Central Africa
almost as an idle dream.
It is in the light of these observations that one must
consider the reproach, sometimes addressed to King
Leopold, of having departed from the initial character of
his work.
5. - NEW ASPECT OF THE AFRICAN PROBLEM
The International African Association chose for the
pattern of its flag a blue ground with the golden star :
a magnificent moral symbol of a mighty moral power. It
was an admirable emblem, no doubt, but how very insuffi-
cient against native aggressions and European rivalries
which were looming up. The clearsighted promoter
of the African movement was the first to acknowledge this
insufficiency and to scrutinize the African problem in
some of those parts, the solution of which the Brussels
Conference had wisely left to the future. He was not slow
in discovering practically that no permanent results could
be reached, under the circumstances, by means of isolated
stations, surmounted by a moral emblem, but without any
control over adjacent territory. Several years' experience
had made this clear. The establishment of a protective and
wisely progressive Government in Central Africa had
20 NEW ASPECT OF THE AFRICAN PROBLEM
become for Leopold II. a sine qua non in the realization of
his plans of civilization. And he was the first to perceive
that a bond existed between those plans and the wonderful
discovery of Sir Henry Stanley, which had transformed the
problem before the Brussels Geographical Conference.
We have seen that the Ring was the first to declare that
« the International Association in no way claimed the
monopoly of the good which could and ought to be done
in Africa. » And we have shown how future events and
subsequent contingencies had to be foreseen.
It has been sought to reproach King Leopold in a rather
singular fashion : namely, he is accused of not having
published aloud the results of his convictions strengthened
by experience. But this would apparently have nipped his
plan in the bud, and it should be remembered that if it is
good to be prudent when one is strong, it is even better
to be so when one is weak. When one has opened up a
new route, one ought to be allowed to walk in it oneself,
and to peace fully remove the intervening obstacles. Do
Governments act openly, when a question of priority of
possession is at stake?
Such disparaging terms as « diorama and dissolving
views » have been far too freely used in describing the
various and consecutive phases of the King's plan for
solving the difficulties in his way. To be sure, his pene-
tration and wisdom are none the less admirable. But
forms of speech and equivocations do not destroy facts.
Nobody doubted that the King was the head, the heart,
and the arm of the African enterprise. The most saga-
cious diplomats, including such Englishmen as Sir Edward
Malet, considered, as we have already pointed out, the idea
NEW ASPECT OF THE AFRICAN PROBLEM 21
of creating a State and installing a proper Government in
the centre of Africa as almost Utopian. The reproaches,
then, are tantamount to chiding King Leopold because he
succeeded where others expected that he would fail.
This indeed must be recognised, as it was admitted in the
following loyal terms by Sir Edward Malet at the Berlin
Conference : —
« It was thought that the undertaking was beyond his
power, that it was too great for success. One sees now
that the King was right, and that the idea which he was
following up was not an Utopian one. He has carried it
to a good result not without difficulties; but these very
difficulties have made success all the more brilliant (1). »
Such will be the judgment of posterity. History will
say that Leopold II. was not only the real initiator of the
African movement in the second half of the nineteenth cen-
tury, but that he instituted in Equatorial Africa a type of
government as novel as it was admirable, heretofore con-
sidered by the most enlightened of his contemporaries as a
beautiful, impracticable dream. We will endeavour
to bring out this point in the next chapter. We will close
the present one by recalling a circumstance, the memory
of which lies buried in the official documents of this great
royal undertaking. When the question of the choice of a
flag for the International African Association was being
discussed, one of the King's illustrious guests proposed
to place a sphinx on the centre ot the standard, the sphinx
being an emblem of the formidable and mysterious African
(-1) Protocoles et A etc general de la Conference de Berlin (1884-1885),
p. 266.
22 NKVV ASPECT OF THE AFRICAN PROBLEM
riddle to be solved. But the King preferred the more
confident symbol of a star, the sign of enlightened gui-
dance and of radiant hope. This showed that he doubted
no more, that he firmly intended to pursue his plan
without faltering. And this lesson is not without its
moral. In front of a great human progress to be achie-
ved, even though it looks a good deal like a leap in the
dark, Go ahead I must be the motto. Real wisdom is
farsighted without being pusillanimous. To advance is to
dare. Let us remember the words of the Divine Master
to the Galilean fisherman : Due in altum ! And let us,
likewise, push out to sea!
CHAPTER II.
Civilizing Government in New Countries. Accession of
the Congo State among the Nations.
While cosmopolitan politicians, ignoring the historical
law of social development and the most indestructible
elements of our nature, combat the patriotic sentiment in
the name of humanity, proscribe the title of nation as
narrow, selfish, opposed to human fraternity, and fancy
that people can only be united by losing their individuality
in some sort of « one State without frontiers, » our epoch has
seen a Monarch, the benefactor of his people and of uni-
versal civilization, convert this same humanitarian senti-
ment into the creative principle of a new State.
Men are so accustomed to see violence play a prepon-
derating part in the rise and fall of empires, that they are
astonished when a political constitution is founded without
either national convulsion or international shock, and they
contest the legitimacy of new States where the serene
majesty of the law breaks forth in unexpected beauty.
The national individuality of the Congo Free State is no
longer a matter of doubt. The existence of that Stale is
universally recognised as "of right. But neither the
manner in which this new comer took its place among the
nations, nor the fact of its acknowledgment by the other
24 CIVILIZING GOVERNMENT IN NEW COUNTRIES
Powers, seem to have been justly appreciated. It is not
without interest, in this connexion, to take up the thread
of the past, firstly for the sake of the remarkable origin of
the Free State, and secondly to contradict the superficial
judgment expressed by consequential publicists, and even
by certain statesmen.
1. — CIVILIZING GOVERNMENT IN THE INDEPENDENT COLONY.
In the first place it must be confessed that jurists were
rather nonplussed when they attempted to apply their old
methods of classification to the foundation of the Congo
State. Not a few of them found no place in their systems
for such an unprecedented case, as it seemed to them, and
thereupon they felt justified in pronouncing a sort of
ostracism. They forgot that the living wealth of the
various forms of social and political life is not limited by
the vocabularies of learned men. They ignored the fact
that institutions must be adapted to men and to situations,
and not forced into artificial categories. They did not
bear in mind the common-sense maxim formulated by the
old Hermogenian : Hominum causa omne jus constitutum
est (1). The law-maker who believes in progress and
who desires to adapt his laws to circumstances, and not to
distort the circumstances by means of his laws, instead ot
seeking to proscribe an institution because it does not fit
into conventional limits, only recognises the need for a
revision of his hastily-established classification.
In the present case, moreover, such a revision was not
(1) L. 2. De ttatu hominum, 1. 5.
CIVILIZING GOVERNMENT IN NEW COUNTRIES 25
indispensable. The existence of an autonomous colonizing
State, working side by side with States whose colonial
activity is a secondary consideration to their national and
principal object, had nothing unusual about it. The
mere object of civilization on the part of a State is quite
justifiable. One can easily conceive — and facts have
proved the conception to be wellgrounded : facts which
silence those who deny them — a sovereign Power, consti-
tuted in order to propagate civilization, and, by means of
its own resources and of voluntary contributions, establish-
ing a practical Government on a territory and for the benefit
of a people in whom it is interested. Whatsoever
has been imagined about the barbarous and unnatural cha-
racter of a colony without a metropolis has in reality no
foundation.
Pascal has said that the way to overthrow a State is to
sound its depths in order to demonstrate the weak points
in its system of authority and justice (1). If certain investi-
gations into the past may actually ruin Governments, other
researches must undoubtedly strengthen them. To the
latter class belong those inquiries which reveal in the his-
tory of a people like that of Belgium the elements of a tra-
ditionally autonomous life blossoming into a higher destiny.
Such are also those researches which link the origin of a
State, like that of the Congo, with the progressive and
pacific evolution of humanity.
The civilizing or colonizing State founded by His
Majesty the King of the Belgians may be considered in its
principle, that is to say, in that which gives it its
(i)Pensees.
26 CIVILIZATION OF SAVAGE TRIBES
fundamental legitimacy : from this point of view, its para-
mountly just and moral value is best seen. It may also be
considered in the means employed in its formation : under
this aspect, it possesses the highest legal standard. Consi-
dered, finally, in the elements which compose it, and leaving
aside its acknowledgment by other Powers, it possesses in
itself all the factors necessary to constitute a perfect sove-
reign political community. Let us briefly consider these
points.
2. — CIVILIZATION OF SAVAGE TRIBES.
The thought of carrying the blessings of civilization to
unenlightened racts all over the world is one of the noblest
designs which can be born of the human mind. The
employment of private and national enterprise in this
connexion is fundamentally justified by the right of helping
beings created, like ourselves, for progress and by the ful-
filment of the holy law of brotherhood. That law is the
more binding upon us from the fact that the unenlightened
races are severely handicapped in their struggle to emerge
from barbarism. And, moreover, modern progress helps
us to accomplish that law. To established nations who
have enjoyed prosperity under a regime formulated in
accordance with their own wishes, the fulfilment of that
law appears as one of the most elevated forms of gratitude
to Divine Providence.
The privilege of helping to civilize barbaric tribes
includes the right of placing them on the high road to the
superior degree of social organization from which a State
is born to international life. To help them in this way is
CIVILIZATION OF SAVAGE TRICES 27
to endow them with the blessings of an institution which
is the common right of humanity ; it is to assure them
that peace and order without which there can be no civili-
zing education; it is to throw open to them the living
treasures of the civilized world.
The action of superior races, in this respect, does not
imply — as some would have us believe— the destruction
of the inferior races. Old-time blunders which have, in
some cases, brought about, such a result are not inevitable.
Modern colonization, in spite of reproaches hurled against
it, does its best to avoid such blunders and, as history
shows, in not a few colonial establishments successfully.
In the tropics, interest plays as important a part as duty in
bringing about this result, for the harmonious co-existence
of the European and the native, and the combination of
necessarily diverse forms of their activity are in such
climates the sine qua non of all colonization.
Of course, all and every means are not legitimate in
bringing barbaric tribes within the pale of civilization.
But among those which are unquestionably justifiable may
be mentioned the establishment of pioneer outposts or
stations whence civilization can operate on barbarism, the
peaceful congregation of tribes around a central authority,
and the cession by tribe-Chiefs of their sovereign rights.
And let it not be objected, with regard to this last-named
means, that, because of the ignorance of the Chiefs, such
cessions are null and void ; for, if the native Chiefs are unini-
tiated in the refinements of political systems, they may at
least be not unenlightened as to the natural elements of a
contract. They are in no wise incapable of transferring
their sovereign rights to, and of recognising the superior
28 THE LEGAL FOUNDATION OF THE CONGO STATE
power of, the leader who comes before them with a pro-
mise to help in their defence and in their progress ; the
Chiefs are in no wise slow to welcome, in this respect, the
flag of civilization.
Civilizing enterprise applied to savage tribes, and without
ignoring the essential rights of humanity, may and should
take due account of the social condition of such tribes :
avoiding the extremes of treating them as brutes or of dealing
with them as wrilh highly-civilized citizens; keeping count
of their difficulties in commencing the upward march of
progress; protecting them against their enemies and
against themselves; stimulating and guiding them in to
healthy effort; inspiring them, in short, with an ambition
for a belter and higher life, and teaching them to appreciate
its blessings.
Thus understood, the work of civilization can well
proceed side by side with the search for the advantages
resulting from the entrance of new members of the human
family into the life of civilized peoples. Those advantages
include the extension of economic relations and the deve-
lopment of newly-discovered natural wealth. The stimul-
ating power of interest joined to the incentive of duty gives
to efforts of this nature their maximum of intensity.
3. — THE LEGAL FOUNDATION OF THE CONGO STATE.
Let us examine, by the light of the observations just
made, the facts which we must discuss.
For centuries there had lived in Central Africa millions
of men in a rudimentary social condition, in an almost
incessant state of anarchy, incapable of extricating them-
THE LEGAL FOUNDATION OF THE CONGO STATE 29
selves from the swamp of barbarism, only connected with
the great human family by the odious and blood-stained
chain of slavery.
The condition of these races, living « in the valley of
the shadow of death, » alone constituted a powerful and
continual appeal to the enlightened nations to accomplish
the law of human solidarity. That appeal was, neverthe-
less, made in vain for centuries.
Human solidarity is not, as some seem to think, an
empty name. It is a law which becomes more and more
evident as human relations extend. The secret of the
terrible crisis, which so many nations are at present under-
going, and which threatens their welfare, may well be
sought in the disregard or forgetfulness of the duty
inherent to human solidarity, either with respect to the
lower classes within the dominions of those nations, or
with regard to the unfortunate races without.
Countries where energy, products and capital accumu-
late, invariably feel more or less the want of perma-
nently safe and inexhaustible markets in which to distribute
their wealth. Such countries would find excellent outlets
if, instead of relying only upon themselves, they had
set about inducing new peoples to help in the- general
work of civilization. Under these circumstances, it may be
contended that the disregard of the duties of human soli-
darity is at the root of much of our material suffering,
and that economic salvation is to be found to-day in the
fulfilment of humanitarian obligations.
It was from this noble and elevated point of view that
His Majesty Leopold II. considered the situation in those
hours of roval solicitude when his attention was concen-
30 GENERATING PRINCIPLE OF THE STATE
traded first on the economic needs of his people, and
secondly on those distant lands \vhere life and wealth
abound - although but rudimentary life and unproductive
wealth. We already find signs of a clear insight into the
demands of the modern industrial and commercial \vorld
in the first speeches delivered in the Senate by the Duke of
Brabant (1). It is not surprising to find that the same
energetic will which declared : « I will pierce the darkness
of barbarism, » announced a little later, guided and inspired
by subsequent events : « I will secure to Central Africa
the blessings of a civilized Government. And I will, if
necessary, undertake this giant task alone. »
4. — GENERATING PRINCIPLE
OF IDE NEW POLITICAL ORGANISM. — FALSE POINTS OF VIEW.
The initiative of His Majesty Leopold II. bore, from the
very start, a clearly-defined personal character. His whole
work has preserved it permanently. In this magnificent
enterprise — where the labour, as well as the honour, was
immense— it seemed as if the King was to rely on his own
wisdom and on the judgment of posterity alone. It was not
as King of the Belgians that he meant to act. Still less
did he intend to depend on any State other than Belgium.
His work was a humanitarian one, in the highest and
best sense of the term. The future Sovereign of the
Congo, as soon as his plan was conceived, carried it out
taking advantage of any cooperation afforded him, reckoning
(1) See the author's Le Due de Brabant au Senat de Bclgiqtte. Paper
read at the Academic Royale, May 6, 4903.
GENERATING PRINCIPLE OF THE STATE 31
with all the circumstances, providing for everything, until
the time when the Congo State appeared before the world,
with its maker and Sovereign at its head.
People imagine sometimes that the Congo State only
exists as a sort of creation of the Berlin Conference. This
idea is, of course, entirely wrong. The State has certainly
not forgotten the sympathy and help accorded it in its
upward march. But, so far from being the emanation of
the assembled Powers, the Congo State has the character
of an eminently personal creation. It does not seem pos-
sible, from a legal point of view, to transform the generous
support accorded from political interest into checks to sove-
reignty. It is necessary to point out that the questions of sove-
reignty and of territory, questions which are most essen-
tial in the constitution of States, were expressly eliminated
from the programme of the Conference, which was only
called upon to elaborate a local economic regime, leaving
aside the question of the sovereign rights over the coun-
tries concerned. It is also necessary to remember that,
even before the signing of the Berlin diplomatic instrument,
the new State existed in such a degree as to be able
itself to notify to the Conference the fact that it had been
recognised by all the Powers — except one, which soon
after followed suit. The fact that Prince Bismarck intro-
duced the youthful State to the assemby of civilized nations
at Berlin was certainly an honour for that State. That cir-
cumstance was, so to speak, its lucky star; but if it
has seemed to throw ealier events into the shade, it has
not suppressed them, and could not legally destroy them.
The fact of the recognition of a State must not, moer-
over, be confounded with the fact of its existence. The
32 GENERATING PRINCIPLE OF THE STATE
determining elements of the one and of the other are not
identical. It is, as a rule, to themselves, that States o\ve
their existence. That existence does not always date from
a plain fact. It may be manifested by a series of events
which, at a given moment, bring about the introduction of
a new State into legal life.
It has been argued that a State could not accrue out
of a private association. But King Leopold has con-
founded that argument by his own action, just as the
philosopher of old demonstrated the principle of movement
by walking. The argument had been, moreover, shown
to be false and legally untenable. It is idle to assert that
barbaric races, living in virgin territory in a state of isola-
tion or of anarchy, cannot be brought to the knowledge of
orderly government by the instruments of civilization
which give them a political education, at the same time
raising the elements of their primeval state to the higher
organic level of a political community. It is equally
idle to assert that such races can only advance by being
swallowed up in existing States, who deny the savage
tribes the very means of progress by which, perhaps, they
themselves elaborated their own civilization.
Again, with regard to independent tribes having some
semblance of sovereign government, why should not their
rudimentary political elements be developed in such a
manner that their local administrations converge into a
higher and central authority ?
What is obviously true, as a principle, is that the State,
in common with every other institution, has certain essen-
tial and constitutive elements of its own, and without which
it cannot be conceived. Those elements are a territory,
FORMATION OF THE STATE 33
an established commonwealth, and an effective Government
at the head thereof.
The fact is, these elements of a State existed in the
neighbourhood of Stanley Pool long before the Berlin Confe-
rence, and they existed in a sufficient degree to form a
duly-constituted Central African State. And the action
of this State was destined to be all the more efficient
on account of the immense rivers which served as the
highways of the country.
5. — ACTUAL FORMATION OF THE STATE. -
ITS CHARACTERISTIC MOMENTS.
The fact, which we have just stated, is incontrovertible.
The why and wherefore are of a more complex nature,
although not difficult to discern.
We have seen at the cost of what sacrifices the Belgian
Committee of the International Association, prompted by
the King, despatched, one after the other, six expeditions
from the coast of East Africa in the direction of Tanganika.
The results were as uncertain as the work had been labo-
rious. The arrival of Stanley at Boma, on April 9, 1877,
after a three years' exploring expedition, in the course of
which he had described a gigantic curve in the heart of
Central Africa, created a sensation. To the King it came
as a revelation. The sketch of Stanley's journey, published
in the Daily Telegraph of November 12, was most
suggestive. Central Africa had in her vast and wonderful
system of waterways a ready made means of material and
even moral and political progress ; and the steamer
appeared to be the conquistador of this new world. A
34 FORMATION OF THE STATE
powerful instrument of civilization from every point ot
view had been discovered. A new factor had given a
new aspect to the problem proposed by the King to the
Brussels Conference. What the Conference had but
suggested as desirable — « a line of communication as far
as possible continuous » joining the posts of civilisation —
Nature had provided, but for the initial obstacle, to an
unexpected extent. The thoughts of the King forthwith
turned from the East, until then so deceptive, to the pro-
mising West of the Dark Continent. Without losing a
moment, His Majesty thought out a plan in accordance with
the latest discovery, and, when Stanley landed in Europe,
in January 1878, he met the Commissioners from H. M. the
King of the Belgians, who informed him of His Majesty's
plans, and asked for his co-operation (1). The grandeur,
the boldness, and the novelty of the scheme were far from
discouraging the intrepid explorer. He accepted. The
bases of a stable economic and even political system had
to be established on virgin territory, destined to be con-
nected wiih Europe, and that end was to be achieved,
either by federating the more powerful native Chiefs, or
by some other organization better suited to conditions as
yet imperfectly known in this respect.
Under the title of Comite d'e'tudes du Haul-Congo ,with the
King as Honorary President and Colonel Strauch as Presi-
dent, a company was formed in Brussels, with a capital
of one million. The work of investigation carried on by
this company was destined to speedily eclipse the relatively
feeble efforts of the International African Association.
(1) STAMLEY, The Congo, vol. I, p. 21.
FORMATION OF THE STATE 33
The date of the foundation of the Committee was Novem-
ber 2o, 1878. On August 14, 1879, Stanley and the
staff of the expedition, composed of thirteen agents besides
porters engaged at Zanzibar, were at the mouth of the
Congo where a number of steamers awaited them. The
journey up stream was begun on the 21st, on board the
ships named the En Avant, Esperancc, Jeune Africaine,
La Belgique and Le Royal.
The post of Vivi, beyond Nokki, which was then the
limit of European occupation, was reached in a short time.
The journey across the region of the Cataracts, where the
steamers were taken to pieces, followed, and was only
accomplished With much suffering and hardship. On
February 21, 1880, Isanghila was established and
on May 1st, 1881, Manyanga was occupied. In Decem-
ber 1881, the expedition arrived at Stanley Pool, and
shortly afterwards the En Avant cut the waters of the
virgin river.
Reconnoitring parties were then sent out in every direc-
tion, stations were established, and steamers started running
between them. A number of treaties were concluded with
the Chiefs of independent native tribes, so as to protect the
territory acquired in this way against subsequent compe-
tition. Administrative and police services were organised,
as the first essentials of a regular Government. All this
was carried out without violence or bloodshed.
Having thus laid the foundations of a territorial Govern-
ment, the Upper-Congo Committee appropriately changed its
name to the International Congo Association. Its activity
in the work so brilliantly inaugurated redoubled. Minor
expeditions were sent out to right and left of the great river,
36 FORMATION OF THE STATE
to the basin of the Niadi Kwilu, to the Upper-Kassai, to the
Lunda country, and even farther afield. As M. Wauters
justly said : « Five years sufficed to make the most brilliant
discoveries, even in the very centre of the Continent, to peace-
fully visit hundreds of new tribes, to obtain from native
Chiefs more than five hundred treaties of suzerainty, to
establish forty stations, to place five steamers on the waters
of the upper river beyond the Cataracts, to occupy the
whole of the country between the Coast and Stanley Falls,
between Bangala and Luluaburg (1). »
It was an anxious time in Brussels, where hope and fear
alternated as the King's pioneers in Africa proceeded with
the systematic and peaceful conquest of a world.
One can now understand how all the essential elements
of a State were present in the Stanley Pool region previous
to 1884, and how the influence of those elements was
brought to bear upon an ever-growing radius. As sta-
tions of the youthful State were established on newly-
explored territory, and as concessions of native sovereignty
were made, so did the sphere of operations extend. The
form of Government — federated negro tribes, single
State, or what not — does not affect the question. The
point to be noted is that the claim to the occupation of
vacant territories and to the acquirement, by cession, of
sovereign rights was not inferior to the titles relied upon by
the European Powers in the course of their colonial expan-
sion. It was under these circumstances, that the question
of the recognition of the new State by the Powers came up
for solution.
(1) L'Etat independant du Conyo, p. 27.
RECOGNITION OF THE STATE 37
6. — RECOGNITION OF THE STATE. —
CONVERGENT INTERESTS OF THE POWERS.
« The recognition of a State by other sovereign States, »
says Bluntschli, « while having the form of an act of free
will on the part of the latter is, nevertheless, not an abso-
lutely arbitrary act; for international law unites, even
against their will, the various existing States, and combines
them into a sort of political association. » « And just as
an existing State, » he goes on to say, « cannot arbitrarily
shake off the bonds which attach it to other States, so
those other States cannot arbitrarily exclude an existing
State from the concert of nations (1). » We must note that
it was not a question of the arbitrary exclusion of the new
State. It came into the world surrounded by the general sym-
pathy of Governments and of peoples, and it has been truth-
fully observed that a good fairy was present at its birth (2).
The interests of the Powers, together with reasons of
justice and humanitarian considerations, helped to bring
about this result.
Certainly, France, when entering upon the formation of
her colonies, would have asked for nothing better than to
mark them out in virgin territory. But, in the then state
of her colonial development, she far preferred to have to
deal with a new State than with powerful nations who
might menace her welfare. The initial want of con-
(1) Droit international codifie, L. II, §§ 3o, note, and 36.
(2) WILMOTTE, La Belf/iqne et I'Etat independent du Cbnj/o, REVUE DE
PARIS, May, i,1902.
38 RECOGNITION OF THE STATE
fidence in the stability of the work undertaken in the
vicinity of her influence led, in truth, the French Govern-
ment to seek for certain advantages in the shape of
a right of preference, in view of a possible alienation of the
possessions controlled by the African sceptre of King
Leopold. But this search, far from exhibiting any signs
of hostility towards an undesirable neighbour, manifested,
on the contrary, as M. Etienne has pointed out, « the
intention to provide, at an early date, against the inter-
vention of some great Powrer which should suddenly take
the place of the African Association (1). » As regards the
founder of the new State, he had all the less reasons for
declining any concessions in this respect, since the reali-
zation of the hypothesis put forward by his neighbour was
absolutely removed from his own design. In his opinion,
it was only a question of calming groundless fears, at a time
when the good graces of a powerful neighbour were emi-
nently valuable.
Such are the real origin and the true meaning of this
right of preference, sometimes transformed into a sort of
stalking-horse, and which, both in its letter and in its
spirit, excluded all extensive interpretation and all appli-
cation by analogy to Belgium.
England could not but be favourably disposed towards the
new State. In both the business and the political world,
the eminently practical mind of our neighbours across the
Channel at once understood the bright and prosperous out-
look opened up by the development of this new neutral
State of Central Africa, a State which could in no wise
(1) Depeche coloniale, July 13-14, 1901.
IlECOGMTION OF THE STATE 39
endanger the political or commercial equilibrium to the
benefit of any one of the great Powers. For a moment, at the
request of Portugal \vho had tardily realised the profit she
might have derived from the neglected situation, the British
Government — until then a supporter of the absolute
independence of the Congo— seemed inclined to help
to extend Portuguese influence over the estuary of the
Congo, conditionally and provided that a mixed commission
were appointed. But English public opinion, better
guided, and warned as it was of the opposition with which
such an arrangement would meet abroad, was not long in
declaring in favour of a solution which should cause to har-
monize, on broader lines, British with the other interests.
Those interests were numerous, and the practical sym-
pathy speedily accorded to the International Congo Asso-
ciation by the greatest Power of the New-World, the
United States of America, full of life and vigour and ever
inclined to progress, proved that King Leopold's enter-
prise had secured public support and official suffrage far
beyond the limits of Europe. On April 10th, 1884, the
American Senate, on Mr. Morgan's remarkable report (1),
passed a resolution asking the President of the United States
to recognise the Association « as the governing Power of
the Congo. » A few days later, on April 22nd, 1884,
that recognition was an accomplished fact. In officially
recalling, at the opening of the Berlin Conference, the
(•1) See Compilation of reports of Committee on foretyn relations. Uni-
ted States Senate. Recognition of Congo Free State. March 26lh,
4884, Washington, Government Printing Office, 4902. Vol. VI. p. 221.
The appendices include, among other1 documents, the notes of Sir
Travers Twiss and Mr. Arntz.
40 RECOGNITION OF THE STATE
nature and cause of this great act, Mr. Kasson, Chief Ple-
nipotentiary of the United States, pointed out that, follo-
wing upon Stanley's explorations, the newly-discovered
regions « would be exposed to the dangerous rivalries of
conflicting nationalities. » « It was the earnest desire of
the Government of the United States that these discoveries
should be utilized for the civilization of the native races,
and for the abolition of the slave-trade; and that early
action should be taken to avoid international conflicts likely
to arise from national rivalry in the acquisition of special
privileges in the vast region so suddenly exposed to com-
mercial enterprises. » Referring to the work so effectively
performed by the International Congo Association « under
high and philanthropic European patronage, » he said that
those gallant pioneers of civilization had « obtained conces-
sions and juridiction throughout the basin of the Congo,
from the native sovereignties which were the sole authorities
existing there and exercising dominion over the soil or the
people. » « They immediatly proceeded » added he
« to establish a Government de facto. » Declaring next
that the legality of the acts of that Government should be
recognised, under penalty of recognising « neither law,
order nor justice in all that region, » he concluded as
follows : « The President of the United States, on being
duly informed of this organization, and of their peacefully
acquired rights, of their means of protecting persons and
property, and of their just purposes towards all foreign
nations, recognised the actual government established, and
the flag adopted by this association. Their rights were
grounded on the consent, of the native inhabitants, in a
country actually occupied by them, and whose routes of
RECOGNITION OF THE STATE 41
commerce and travel were under their actual control and
administration. He believed that in thus recognising the
only dominant flag found in that country he acted in the
common interest of civilized nations. »
« In so far, » said in concluding the American Pleni-
potentiary, « as this neutral and peaceful zone shall be
expanded, so far he foresees the strengthening of the
guarantees of peace, of African civilization, and of profi-
table commerce with the whole family of nations (1). »
Such was the remarkable position taken up by the
United States of America in regard to the recognition of
the newly-installed government in Equatorial Africa.
Germany was the first European Power to consider this
subject of recognition, and to accord to the new enterprise
marks of its sympathy and the support of its authority.
In acknowledging, by the Convention of November 8, 1884,
concluded before the Berlin Conference opened, the flag of
the International Congo Association « as that of a friendly
State, » the German Government clearly indicated that, as
far as it was concerned, the new State ought to take its place
from the first among the Powers called to the Conference.
In duly introducing the « new Congo State » to that
assembly, Prince Bismarck paid an exceptionally brilliant
tribute to the foundation of an enterprise, the help of which
appeared to be bound up with the fulfilment of the noblest
designs of the Areopagus of Berlin.
Certainly the hardships inseparable from such a vast
and complex undertaking were ever present during the
(1) Protocoles et Acte general de la Conjerence de Berlin (488M88S),
p. 23 ss.
42 RECOGNITION OF THE STATE
establishment of the first outposts of civilization in the
heart of African barbary. All great undertakings are
started amid difficulties. We do not possess the necessary
documents to trace the course of the territorial nego-
tiations pursued with Portugal, and, moreover, those
negotiations are to-day of purely historical interest. The
result of those negotiations and of the arrangements made
with France may be summarized as follows. The Congo
Free State lost a province containing its most flourishing
establishments. It also lost what is to day the Kabinda
enclave in its territory. In consideration of these sacrifices,
and thanks to powerful mediations, the State obtained
acceptable territorial arrangements, and became definitely
established on both banks of the Congo, controlling the
north bank as far as Manyanga, retaining both of the
estuary ports, Banana and Boma, with the option of esta-
blishing a third one on the southern bank at Matadi, and
to construct thence in the direction of Stanley Pool a rail-
way situated wholly within its territory.
The initial obstacles surmounted, the political horizon
grew brighter, until, at the historic meeting ofFebruary 23,
1885, the work of King Leopold was seen by the full
light of day in all its sovereign beauty. That moment was
a moment of triumph for the King when, with the diadem
of civilization on his brow, with the folds of his royal
mantle floating, so to speak, over the whole of Central
Africa from the Atlantic Ocean to Tanganika, buoyed up
with the brightest hopes, stimulated by the success of
past efforts, worthy, in a word, of the admiration of peoples
and the gratitude of humanity, — his name was saluted
at that meeting by the acclamations of the united nations.
THE PERSONAL UNION 43
7. — THE PERSONAL UNION. — OFFICIAL TITLE OF THE STATE.
— NOTIFICATIONS.
In affirming the community of its sentiments with those
of the European Powers, and in duly honouring the royal
work both from the point of view of its grandeur and from
that of the future of Belgium, the Belgian Parliament,
by its votes of April 26 and 30, 1885, authorized
His Majesty King Leopold II. to become Chief of the newly-
formed State and thus to wear two crowns, which were desti-
ned to remain distinct under the regime of a personal union.
On May 2, 188o, the King sent to the Resident
Governor of the Congo the decree proclaiming his accession
to the throne of the new State.
On July 1st, Sir Francis de Winton, who had succeeded
Sir Henry Stanley as Governor, officially communicated
to the heads of the missions and commercial establishments
in the Congo the text of the decree.
On August 1st and on ulterior dates, the Sovereign
notified to the Powers that « the possessions of the Inter-
national Congo Association would henceforth form the
Congo Free State, » and that, in accordance with the
wishes of the Association, he had assumed the title of
« Sovereign of the Congo Free State. » At the same time
he informed them of the personal nature of the union
between Belgium and the new African State.
On the same dates, the Sovereign notified the Powers
of the exact extent of the Congo territory which he pro-
posed to place under regime of perpetual neutrality.
Submitted, before its notification, to Prince Bismarck,
44 THE HONOURS RENDERED TO THE STATE
to whom the State owed this mark of grateful deference,
the declaration of neutrality gave rise to no objection on
the part of the Powers.
Such were the circumstances surrounding the reception
of the Congo Free State among the society of nations.
8. -- CHARACTER OF THE HONOURS RENDERED TO THE
STATE. — INFLUENCE OF ITS ESTABLISHMENT ON THE
DEVELOPMENT OF AFRICAN POSSESSIONS.
We can now direct our attention to the international
regime adapted by the Berlin Conference, especially from
an economic point of view, to the vast territory included
in the basin of the Congo. To complete the survey we
have just taken, it will be well to recall the testimony borne
by the plenipotentiaries of the Powers represented at the
Berlin Conference on February 23, 188o, to the work
accomplished by the King.
GERMANY, through Herr Busch, expressed herself as
follows : —
« We all do justice to the high aim of the undertaking to which
His Majesty the King of the Belgians has affixed his name ; we are
all aware of the efforts and sacrifices by means of which he has
brought it up to the point where it now stands ; we all pray that
the most complete success may crown an enterprise which may
so practically assist the views which directed the Conference. »
GREAT BRITAIN, as we have already had occasion to recall,
expressed herself as follows through Sir Edward Malet : —
« Throughout a long course of years the King, ruled by
a purely philanthropic idea, has spared neither personal efforts
nor pecuniary sacrifices in anything which could contribute
THE HONOURS RENDERED TO THE STATS 4d
to the attainment of his object. Still the world generally viewed
these efforts \vith an eye almost of indifference. Here and there
His Majesty aroused sympathy, but it was in some degree rather
a sympathy of condolence than of encouragement. It was
thought that the undertaking was beyond his power, that it was
too great for success. One sees now that the King was right,
and that the idea which he was following up was not an
Utopian one. He has carried it to a good result not without
difficulties, but these very difficulties have made success all the
more brillant. Whilst rendering homage to His Majesty in reco-
gnition of all the obstacles which he has had to overcome, we
greet the newly-constituted State with the greatest cordiality,
and we desire to express the sincere hope that we may see it
prospering and increasing under his protection. »
FIUNCE, through Baron de Courcel, after pointing out
that « the neighbours of the Congo Free State will be the
first to profit by the development of its prosperity and of
all the guarantees for order, security, and good administra-
tion with which it undertakes to endow the centre of
Africa, » added : —
« The new State owes its birth to the generous aspirations
and to the enlightened initiative of a Prince who is surrounded
by the respect of Europe. It has been dedicated from its cradle
to the exercise of every kind of freedom. Being assured of the
unanimous good- will of the Powers which are represented here,
let us hope that it will fulfil the destinies promised to it under
the wise guidance of its august originator, whose moderating
influence will be the most precious guarantee for its future. »
ITALY, through Count de Launay, associated herself with
the above sentiments in the following terms :—
« The whole world cannot fail to exhibit its sympathy and
encouragement on behalf of this civilizing and humane work
which does honour to the nineteenth century, from which the
46 DEVELOPMENT OF THE AFRICAN MOVEMENT
general interests of humanity profit, and will always continue
to derive further advantage. »
The remaining Governments — Austria-Hungary, Russia,
Spain, Portugal, Sweden and Norway, Denmark, tlie
United States — through their Plenipotentiaries, successively
paid their tribute to the work of civilization and humanity
performed by the King of the Belgians (1).
The concluding words at the Berlin Conference, pro-
nounced by Prince Bismarck, constituted a homage ren-
dered to the new State, and expressed a wish for its pros-
perous development and the accomplishment of the noble
aspirations of its illustrious founder.
Such a galaxy of testimonials must endow the
enterprise with an unconquerable strength. The
celebrated explorer who was the Ring's first collaborator
called this great manifestation the coronation of the Congo
Free State by civilization. He said also : « All men who
sympathize with good and noble works— and this has been
one of unparalleled munificence and grandeur of ideas —
will unite with the author in hoping that King Leopold II.,
the Royal Founder of this unique humanitarian and poli-
tical enterprise, whose wisdom rightly guided it, and
whose moral courage bravely sustained it amid varying
vicissitudes to a happy and a successful issue, will long
live to behold his Free State expand and flourish to be a
fruitful blessing to a region that was until lately as dark
as its own deep sunless forest shades (2). » Who would
refrain from re-echoing such a wish?
(1) Protocolet ft Acte general de la Conference de Berlin, p. 2G4.
(i) The Congo, pp. 407 and 408.
DEVELOPMENT OF THE AFRICAN MOVEMENT 47
In the preceding chapter, we showed how the Brussels
Geographical Conference gave the initial impetus to the
African movement. The influence of the definitive foun-
dation of a central civilizing State has not, perhaps, been
sufficiently insisted upon. If this vast African domain,
after such long and universal neglect, became the object
of keen competition, if the Powers suddenly and deliberately
proceeded to a partition of the territory— a partition, the
importance of which was not at first realised — it is permitted
to suppose that the work done by King Leopold in Central
Africa was not altogether unconnected with that achieve-
ment. Failure in that work would have discouraged fur-
ther attempts ; its success, on the contrary, was conclu-
sive evidence, an efficient stimulus, a permanent and living
exhortation, far more convincing than all the theories and
calculations. In the hurry of taking possession, certain
Powers only saw in the Free State a neighbour who was
very enterprising for so young a nation. A consideration
of their own history might have shown them that if the
State had not advanced, they would never have made such
headway, and that if their young neighbour had not suc-
ceeded, their own undertakings would, perhaps, have
been more restricted. Opposition on one point, — advan-
tage in general, — and final harmony.
PART SECOND
THE GREAT TREATIES
CHAPTER FIRST.
The Berlin Conference and the economic Regime
of the Congo.
o I-
The starting point of the African Conference.
To bring good out of evil is a task which is often imposed
in international relations. To profit by the false steps of
others is one of the choicest pleasures of diplomacy. The
attempted diplomatic appropriation of the estuary of the
Congo by Portugal was not successful; but that attempt
became, in the hands of Bismarck, the starting-point of a
memorable International Conference.
France, like Germany, was disturbed by the Anglo-Portu-
guese arrangement respecting the estuary of the Congo.
The same feelings were startled at the Quai d'Orsay and at
the Wilhelmstrasse. The German Government, aroused
by events and called upon to act from various quarters,
approached France, and an understanding was soon arrived
at respecting the advisability of holding a Conference of
the Powers — which Portugal herself had suggested.
This, if we mistake not, was the first time . the two
5:2 THE ORIGIN OF THE BERLIN CONFERENCE
great nations took common action since the Franco-German
war.
The moment seemed to have arrived when certain delicate
questions in the African situation must be settled in a general
meeting of the Powers concerned. For some time these
problems had occupied the attention of those who follow
the evolution of the law of nations and the course of
international life. It will be remembered that Gustave
Moynier in 1878, and, a little later, Emile de Laveleye
and Sir Travers Twiss had raised several points at the
« Institut de Droit International, » relative to practical
jurisdiction in the Congo basin, and that the Institute, at
its Munich meeting, on September 7, 1883, at the instance
of M. Arntz, adopted various resolutions on the matter (1).
Thus science prepared to some extent the way for diplo-
matic transactions, and science was destined, in the dis-
cussion of the Institute on the Act of the Conference, and
especially by the Lausanne Declaration concerning the
question of occupation, to help in throwing light on the
official work of the Governments (2).
The African Conference of Berlin, summoned « in the
name of Germany who had met with a perfect agreement
of views on the part of France, » assembled on November
15, 1884. Fourteen Powers of the New and Old Worlds
took part, and their proceedings lasted till February 26, 1885 .
The initial proposals of the German Government were
(J) Annales de t'lnstitul de droit international, vol. III., p. 155;
vol. VII., pp. 250 and 278. Revue de droit international et de Initiation
comparee, vol. XV., pp. 284, 437 and 547.
(2) Annales de V Institut de droit international, vol. VIII., p. 346;
vol. IX., p. 244; vol. X., pp. 176 and 201.
THE WORK OF THE BERLIN CONFERENCE 53
magnificent : liberty of navigation on all African rivers,
and exemption from transit dues along the whole of the
African Coast, as well as an era of peace and free trade
to be inaugurated in Central Africa, with conditions to
be laid down for actual occupation. In fact, Germany
seemed, in many respects, to be playing a very safe
game. The desire of the Powers whose possessions were
even more closely concerned was somewhat different.
This helped to limit the preliminary scheme, from which,
as we have already remarked, territorial questions as
affected by sovereignty, were purposely excluded. As set
forth in the notice summoning the Powers to the Confe-
rence, and as it was afterwards carried out, not without
magnitude, the programme of the Berlin Areopagus
remains remarkable.
The African Conference of 1884 has been in turn
highly praised and condemned without measure. « Inaugu-
ration of a truly new era in colonial affairs, » say some.
« A work of theorizers without any experimental basis, »•
others declare. There is, perhaps, some exaggeration in
each of these opposite opinions.
The Conference will always deserve the credit of having
guided colonial and commercial rivalries towards a peaceful
solution at a time when colonial feeling was at its highest.
Nobody has more accurately described the mission assigned
to the meeting of the Powers and duly undertaken by
them, than the American Plenipotentiary in the memo-
randum which he read in the course of the delibe-
rations.
« The first colonies founded in America, » said Mr. Kasson,
« have been the work of different nationalities. Even there,
54 THE WORK OF THE BERLIN CONFERENCE
where at first emigration was of a free and peaceful nature,
foreign Governments \vcre soon installed, with military forces
to support them. Wars immediately broke out in Europe.
The belligerents had colonies, and soon the field of battle spread
to America. In the heat of the struggle, each of the belligerents
sought allies amongst the native tribes where they thus excited
their natural inclination for violence and plunder. Horrible
acts of cruelty ensued, and massacres where neither age nor
sex were spared. The knife, the lance and the torch trans-
formed peaceful and happy colonies into deserts.
» The present condition of Central Africa reminds one much
of that of America when that continent was first opened up
to the European world. How are we to avoid a repetition of
the unfortunate events, to which I have just alluded, amongst the
numerous African tribes? How are we to guard against
exposing our merchants, our colonies and their goods to these
dangers? How shall we defend the lives of our missionaries
and religion itself against the outburst of savage customs and
barbarous passions?
» Finding ourselves in the presence of those whom we are
urging to undertake the work of civilization in Africa, it is our
duty to &we them from such regrettable experiences as marked
the corresponding phase in America (1). »
The Berlin Conference, moreover, claims credit for
having placed the preservation and the civilizing education
of primitive people5 in the front rank of all colonial enter-
prise worthy of the name.
The Conference, as we have already remarked, did not
deal specifically with any question of territorial sovereignty,
but it helped considerably towards the solution of some
of the most difficult among those questions.
(1) Protocolet et Acte general de la Conference de Berlin, p. i85. Report
read by Mr. Kasson at the meeting of the Committee on December 10.
1884.
THE BERLIN ACT AND COMMERCE 55
At the same time the Conference formulated \vise, although
incomplete, regulations concerning the future occupation of
African territory, and so it provided for many cases of
dispute which might arise in the territory thus circum-
scribed, and even in districts beyond it.
It adapted in advance to vast regions of Africa, inde-
pendently of other guarantees of peace, a new and remar-
kable form of neutrality.
With regard to individuals, it considered the position
not only of the native races but of foreigners of all natio-
nalities, « pioneers of commerce or pioneers of civilization
in general, » to use the words of Baron Lambermont.
Finally it applied to those same regions the principle of
free trade and free navigation, extended moreover to
other means of communication. Let us now examine the
situation created in this respect by the General Act of the
Conference.
II.
The Berlin General Act and Commerce.
1. — THE PLAGE OF COMMERCIAL CONVKNTIONS IN THE LAW
OF NATIONS. — THE EFFECT OF THE BERLIN ACT 'IN THIS
RESPECT.
The law of nations combines sovereign Powers. Its
cardinal principle is the recognition and respect of the
sovereignty of States. If it places limits to this principle,
they are limits not of subordination, but of co-ordination
between the equal sovereignties in presence of each other.
Those limits are, in the first place, connected with the
56 THE BERLIN ACT AND COMMERCE
fundamental law of nations, which co-ordinates States in
an international community according to an universally-
accepted rule of justice and good will.
The limits may also result from agreements freely made
between the Powers, beyond the general law of nations,
and constituting for them a particular conventional law.
One of the objects often aimed at in these agreements is
to secure for foreign residents privileges which are not
recognised by the law of nations, notably in commercial
matters. Such concessions, granted between the various
States, form part of the international law, but the subject
matter with which they deal remains the same. The
personal rights of foreigners appear merely as the object
of an international understanding.
The Berlin Conference, in establishing, in certain regions,
the principle of free trade, acted in the sense we have just
indicated. Commenting upon the work of the Conference
in his inaugural speech, Prince Bismarck thus described
its scope :
« The labours which we are about to undertake to regulate and
develop the commercial relations of our countrymen with that
Continent, and to render a service alike to the cause of peace
and humanity. »
In principle, a sovereign State may adopt that commer-
cial policy which pleases it best. And this principle holds
good in its colonial territory, whether it be an actual
extension of the home territory, as some writers contend,
or a mere dependency.
Colonial policy was for a long time merely a series of
restrictions. The regime of unequal or exclusive relations,
by which a home Government controls its colonies, is
THE DRRLIN ACT AND COMMERCE 57
known to history as the « pacte colonial. » The Berlin
Act changed matters considerably.
It established complete and universal free trade in the
district under notice; and, with regard to such freedom,
subjects and foreigners were placed in the same legal
standing.
This programme was a decided advance on the old
« pacte colonial » which excluded all but the mother
country as markets for colonial produce, which imposed
on the colony the duty of affording supplies for home,
which built round the colony, as it were, a wall of
purely artificial commercial relations, which finally gave
rise to wars between European nations to secure colonial
prizes, and to conflicts between colonies and their home
Governments.
While not being altogether unprecedented in colonial
administration — for Great Britain had for sometime pur-
sued this policy, and a few other countries had attempted
to follow her example — the broad-minded measures of
the Berlin Conference did away with many of the
existing anomalies. Doubtless, the general application of
those measures to all colonies would have been a step in
the right, direction ; but while their general adoption could
have been justified on the same grounds as their special
application to the Congo, the Conference would not have
been able to accomplish such a gigantic reform of distri-
butive equity. The Conference, however, did what it
could in this direction. It felt that the impracticabi-
lity of the complete scheme did not prevent its partial
application ; that it was not easy to reform the whole world
at once, especially the colonial world ; that the field of
58 COMMERCIAL FREEDOM
experience on which it could operate was large enough ;
and that, last but not least, the nature of the country,
where the Government was as yet more or less insecure,
was calculated to induce those concerned to make excep-
tional sacrifices.
The Conference therefore made the following regulations
for the Congo basin :
« ART. 1. — The trade of all nations shall enjoy complete
freedom.
» ART. 2. — All flags, without distinction of nationality, shall
have free access...
» ART. 3, § 2. — All differential dues on vessels as well as on
merchandise are forbidden.
» ART. 5. — No Power which exercises or shall exercise
sovereign rights in the above-mentioned regions shall be allowed
to grant therein a monopoly or favour of any land in mailers of
trade. »
Let us, for the moment, confine our attenlion to these
points. We shall, later on, consider the remaining resolu-
tions of the Conference.
2. — COMMERCE AND COMMERCIAL MATTERS ACCORDING
TO THE BERLIN ACT.
What is here meant by the terms commerce and commer-
cial matters?
An elementary knowledge of economic and legal science
is sufficient to make their sense clear. The sense gene-
rally attached to these terms in diplomatic instruments is
equally precise. But in the present case all doubt can be
removed by consulting a special and authoritative decla-
ration on the subject.
COMMERCIAL FREEDOM 59
Baron Lambermont's report, included in the fourth
protocol of the Conference, settles the meaning of these
terms according to the Berlin Act. That report says : —
« No doubt whatever exists as to the strict and literal sense
which should be assigned to the term in commercial matters.
It refers exclusively to traffic, to the unlimited power of every
one to sell and to buy, to import and to export products and
manufactured articles. No privileged situation can be created
under this head, the way remains open without any restrictions
to free competition in the domain of commerce, but the obliga-
tions of local Governments do not go beyond that point. »
Thus, as the report points out, there can be no doubt
about the meaning of the terms : the Berlin Act deals
with commerce in its strict, technical sense, with direct or
monetary exchange of economic produce, with trade,
in short, and with trade exclusively. Free trade means
free trade for subjects and foreigners alike, free trade
as a private right. Every one may sell his own
goods; every one may buy goods put on the market
for sale ; every one may enjoy the profit accruing to him
through such transactions. And it was to secure this free
selling and buying, it was to safeguard personal liberty,
irrespective of nationality, that the Conference decided that
neither monopolies (viz. exclusive licences), nor privileges
(viz. unequal treatement), should be granted.
It should be borne in mind that monopolies and privi-
leges may be applied to many spheres of human activity :
to industry properly so called, to public contracts, and to
other public services. All these spheres of activity remain
without the province of the Berlin Act.
The Act makes separate and distinct provisions in
60 EXEMPTION FROM CUSTOMS DUES
favour of each separate branch of trade and industry ;
and it carefully enumerates them whenever a provision
is made in the interest of both of them. Article 10, which
regards neutrality, begins thus : « In order to give a new
guarantee of security to commerce and industry, etc. »
The carrying on of commerce, and the exercise of
other professions are separately defined. While, by virtue
of an international arrangement, commerce is free, the
exercise of other professions is not dealt with in the same
manner. In this connexion, as well as for the general
protection of life and property, the acquisition and transfer
of land and other property, article 5, § 2, leaves, except in
matters of trade, to each State the duty of taking suitable
precautions and making due regulations. But a guarantee
is always provided to the effect that foreigners shall enjoy
the same rights and receive the same treatment as arc
accorded to the State's own subjects. Ulterior restrictions
must, therefore, be applicable to subjects and foreigners
alike. In other words, the motto is equality, rather than
complete freedom.
3. — EXEMPTION FROM CUSTOMS DUES. —
AUTHORIZED TAXES.
The placing of foreigners and subjects on the same
footing, provided for in article 5, § 2, of the Berlin Act, was
a bold but liberal idea. The decision to accord equality, of
treatment as well as the privilege of complete freedom to
foreign traders, was an equally bold step. But the Confe-
rence did not stop there. Naturally, it did not admit that
EXEMPTION FROM CUSTOMS DUES 61
commercial freedom should have as a corollary the exemp-
tion of traders from all taxation. On what grounds, having
made a clean sweep of so many privileges, could it have
permitted such a one? Participating, as they do, in the
blessings of security, order and administration dispensed
by the Government, being specially benefited through certain
services organized by that Government, it is only right
that traders, in common with other members of society,
should bear their part of the expenses of administration.
The Conference could not and did not ignore such an
elementary truth. The fact is only that, on the one hand,
the Conference proscribed, temporarily at least, certain taxes
on goods, and that, on the other hand, it moderated
the duties on certain goods. Let us further examine these
points which are so often and so persistently misrepre-
sented.
Dealing rather severely, it must be admitted, with the
financial and administrative organisation of the States
having interests in the Congo, the Conference thought fit to
forbid, temporarily but absolutely, customs dues both on
imported goods and goods in transit.
« Merchandise imported into those regions, •> says article -4 of
the Berlin Act, « shall remain free from import and transit
dues. »
The absolute prohibition of import dues, by whatever
precedent it may be supported, remains in itself some-
what strange.
That prohibition could not fail to create, from the
first, financial difficulties, from which the Free State
has emerged with honour, thanks to the exercise of
rigid economy, thanks also, let us add, to private muni-
62 EXEMPTION FROM CUSTOMS DUES
ficence which cannot be allowed to affect political esti-
mates.
Nothing really justified such a rigorous measure. It
was not a corollary of the principle of liberty and equality
of exchange even in a wide sense; for certain dues on
foreign produce may constitute a source of revenue for the
public treasury, without having any unequal or prohibitive
characteristics.
If any abuse of import dues could be imagined as
should have ended in complete prohibition, that abuse
would not have been without remedies. In the first place,
it was to the interest of the country to foster its own trade,
and to prevent its neighbours' diverting it to themselves.
Again, commercial privileges, differential tariffs and the con-
sequently equal trade footing of foreigners and subjects, all
combined to minimize such an abuse. And supposing
that these safeguards were considered insufficient, abuses
could certainly be prevented by moderating the amount of
import dues, without going as far as a radical prohibition
of those dues.
Considered from the point of view of the universal
practice of Governments, the measure adopted by the
Conference seemed condemned by every nation in Europe
and America depending for its revenue on the very dues
proscribed by the Conference.
Compared with a sound system of imposts, this measure
was defective and lame. It forced the interested States
to burden a relatively small portion of the dutiable
produce with charges susceptible of a fairer and better
distribution.
Applied to the rising colonies, the measure ignored the
EXEMPTION FROM CUSTOMS DUES 63
fact that similar colonies had practically no other sources
of revenue but those which it forbade.
Adapted to countries whose economic regime was in
course of formation and might undergo material changes,
the measure did not seem to have been the subject of wise
foresight.
Imposed on a State gallantly rescued from barbarism by
an august personal initiative, and which should have been
allowed considerable latitude in working out its own
development, the measure was as little in harmony with the
merits of the past as with the needs of the present or the
contingencies of the future.
It must be acknowledged that, in establishing this
scheme of exemption from dues, unconnected as it was
with the other franchises, the Conference did not sufficiently
realize the necessity for a new State, whose economic and
political machinery had still to be manufactured, to be free
in the choice of its sources of income, and to create means
of revenue in proportion to its needs. If a like measure
might, at a certain time, be called for on account of
a prevailing tendency to trade under an organized Govern-
ment like in regions with neither frontier nor Government,
it was very doubtful, however, whether it could ever be
really profitable to business, since it was not calculated to
strengthen either the fiscal regime or the general prosperity
of a well ordered State. No wonder, then, that this part
of the work of the Conference did not long resist the test of
time, and that it was at last abandoned in favour of a less
faulty regime.
The Powers, it is true, never intended to make this
measure as permanent as the other regulations for the
64 EXEMPTION FROM CUSTOMS DUES
government of the Congo basin. They considered it
rather as an experiment. Article 4 of the General Act
stipulates : —
• « The Powers reserve to themselves to determine, after th'e
lapse of twenty years, whether this freedom of import shall be
retained or not. »
« It would never do, » had justly remarked Baron de
Courcel, « to renew the colonial experience gained in the
sixteenth century, when Colonies were brought to ruin by
those who pretended to fix in Europe, from a purely
metropolitan point of view, their financial and administra-
tive existence (1). »
« It is experience, » said on his side Baron Lamber-
mont, « which will then inspire the interested Powers
with the most favourable resolutions for the development
of commercial progress in their possessions (2). »
It is none the less true that the experimental system
inaugurated by the Conference necessarily had a prejudi-
cial effect — the most prejudicial during the early and more
difficult years — on the economic life of the new State. In
this connexion those who complain of what they style the
fiscal ingenuity displayed by the Congo Free State in provi-
ding itself with the wherewithal to continue its existence,
must acknowledge that stern necessity alone rendered the
State ingenious. The Congo State was ever the first to reco-
gnise that, imperious as were the demands it had to meet,
they did not free it from contracted obligations. But the
Powers might have seen fit to prove their goodwill towards
(1) Protocoles et Acte general de la Conference de Berlin, p. 41.
(2) Protocoles et Acte general de la Conference de Berlin, p. 238.
AUTHORIZED TAXES 6S
the new State, to gracefully bring their rights into line with
the needs of a civilizing Government, to profer the hand
of friendship to that Government, and to make a point, not
only of placing no obstacles in its way, but, in some
measure, of supporting its action.
At any rate, by prohibiting import duties, by way of tempo-
rary experiment, the Conference did not intend to suppress
all taxes on goods taken into the interior of the country.
On the contrary, it expressly provided for the equitable
taxation of such goods, in compensation for money use-
fully laid out in the interests of commerce. At the same
time, the amount of such taxation was limited lo such
compensation, and provision was once more made here for
the equal treatment of foreigners and subjects. Article 3
of the General Act runs to the following effect :
« Wares of whatever origin, imported into these regions,
under whatsoever flag, by sea or river, or overland, shall be
subject to no other taxes than such as may be levied as fair
compensation for expenditure in the interest of trade, and
which for this reason must be equally borne by the subjects
themselves and by foreigners of all nationalities. All differen-
tial dues on vessels, as well as on merchandise, are forbidden. »
The motive for this regulation, and the reason why the
hands of the authorities were not tied by fixing a settled
rate of compensatory taxation, are set forth as follows in the
report annexed to the fourth protocol of the Conference : —
« The rate of the taxes of compensation is not fixed in any
definite manner. The support of foreign capital ought to be
placed, with commercial freedom, amongst the most useful aids
to the spirit of enterprise, whether it has reference to the exe-
cution of works of public interest or whether it has in view the
development of the cultivation of the natural products of the
I
66 AUTHORIZED TAXES
African soil. But capital only goes, in general, to places where
the risks are sufficiently covered by the chances of profit. The
Commission has therefore thought that there would result more
disadvantages than advantages from binding too strictly, by
restrictions arranged in advance, the liberty of action of public
powers or of concessions. If abuses should arise, if the taxes
threatened to attain an excessive rate, the cure would be found
in the interest of the authorities or of the contractors, seeing
that commerce, as experience has more than once proved, would
turn away from establishments the access to, or use of, which
had been rendered too burdensome ^1). »
Excepting, then, the prohibition of one form of indirect
taxation, viz. the import and transit duties, and the restric-
tion of the duties payable on goods imported under the
compensatory taxes to which we have just alluded, the
establishment of all forms of taxation, either indirect, such
as export dues, or direct, such as mere license taxes,
remains a legitimate way of making commerce and traders
contribute to the public treasury.
The question of river and railway tolls will be exa-
mined later. Suffice it here to state that the organized
contribution of traders, as of other constituents of econo-
mic activity, could never, except in the cases we have
indicated, be considered as incompatible with commercial
freedom. This is especially the case in regard to the dues
thus described to the Conference by Count de Launay :
.« taxes which, even in the most civilized countries,
it is customary to collect without being thought thereby
to detract from the principle of commercial liberty (2). »
This is so universally true with regard, for example, to
(i) Protocoled etActe general de la Conference de Berlin, p. 85.
(i) Protocolet tt Acte general de la Conference de Berlin, p. 2 ! .
LIMITATIONS OF COMMERCIAL FREEDOM 67
mere patent acts, that the French law of March 2-17,
1791— which, we imagine, gave the most emphatic assent
of modern times to the principle of commercial freedom
— maintained the license dues in the very clause that
proclaimed such freedom. Article 7 of the law says :
« Everybody shall be free to carry on any business he
chooses; but he must first obtain, and pay for, a license, and
submit to any regulations of police that may be made. »
Tliis article brings out the justice of, and the necessity
for, the coordination of a broad-minded commercial freedom
with the exigencies of the public treasury and of public
order. And it leads us to a closer consideration of the
extent of that freedom, as recognised by the Berlin Act.
4. — EXTENT AND LIMITATIONS OF COMMERCIAL FREEDOM
UNDER THE BERLIN GENERAL ACT.
Remarkable as the commercial freedom inaugurated in
the Congo by ihe Berlin Act may be, perfect as it may
appear, it is by no means absolute, indefinite in extent, or
lacking in due co-ordination with older or superior rights.
Unlimited freedom does not exist in social life. The pro-
visions of the Berlin Act, moreover, inasmuch as they
restrict commercial autonomy on the part of the contracting
States and limit their sovereignly, are of an exceptional
character, and must be strictly interpreted.
I. — The commercial freedom inaugurated by the
Berlin Act involves first of all certain international limits,
with respect to traffics rendered illegal by the common law
of nations, or to transactions forbidden by special agree-
ment between the Powers. The slave-trade falls under
68 LIMITATIONS OF COMMERCIAL FREEDOM
the former; the trade in arms and spirits, under the latter.
We will return to these briefly-indicated points later.
II. — The second category of limitations on commercial
freedom are derived from national public order, essential
to all organized forms of government. We have already
seen that the Acts which declared most firmly the prin-
ciple of commercial freedom, and especially clause 7 of
the French law of March 2-17, 1791, set forth the « neces-
sity of submitting to any regulations of police that may be
made. » As SirtEdward Malet, the English Plenipotentiary,
clearly pointed out at the Conference, freedom of commerce
unchecked by reasonable control would degenerate into
licence (1).
The power of the State in this connexion is incontestable.
That power is derived directly from the primary right and
duty to maintain public order everywhere and under all
circumstances. Nobody can deny the State the right of
taking steps, for example, for the preservation of public
safety. Government cannot be carried on without a judi-
cial and administrative police system, and a State could
not renounce that prerogative without laying itself open to
a charge of incapacity in its primary and essential func-
tions. Hence, such a renunciation could not be argued
from mere presumptions or inductions.
In the present case, moreover, the bases of any presump-
tion or induction are wanting. The fact that the Con-
ference established freedom of private right in dealings
between all individuals, whether subjects or foreigners,
does not imply that it desired to interfere with public order
(\) Protocolet et Acte general de la Conference de Berlin, p. 8.
LIMITATIONS OF COMMERCIAL FREEDOM 69
in the relations between the Government and those over
whom it rules, v
The exercise of the administrative power may, in certain
cases, it is true, prejudice trade. The modus vivendi of
commercial freedom and of the administrative police
should, in this case, be loyally sought. But the State
remains ultimately judge of the arrangement. All that can
be reasonably claimed is that the State shall not transform
its powers, which safeguard the general interest, into a
vexatious or oppressive instrument.
III. — A third limit to commercial freedom— an appre-
ciable modification of, although it does not directly affect,
that freedom— may result from the sovereign right of a
State to levy taxes with a view of causing trade to con-
tribute its share towards public expenditure, like every
other branch of private activity.
We have indicated on what plan the right of collecting-
taxes was limited at Berlin. Import and transit dues were
abolished, and interior taxation on merchandise was allo-
wed in moderation, without, however, any figures being
specified. Apart from these reserves and from a proper
commercial freedom, this economic regime by no means
involved any loss of financial independence on the part of
the States interested in the conventional basin of the Congo.
IV. — Commercial freedom, moreover, in no way abro-
gates the acknowledged rights of a State over any property
it may have legitimately acquired. This point has given
rise to warm controversy on account of conflicting interests,
but the contention is rather irrelevant. However, we shall
discuss it presently, in every particular, in order to dis-
pose of it by a final and conclusive opinion.
70 THE DOMAIN
5. - PUDLIC AND PATRIMONIAL DOMAIN OF THE STATE. —
THEIR CONSTITUTION.
The institution of the public domain of States, com-
posed of possessions duly and permanently devoted to the
public service, either because of their very nature or by a
special law, is as universal as it is necessary.
The institution of a patrimonial domain, including
namely, but not exclusively, real estate, owned and
managed by the State, just as private property is owned
and managed by individuals, is not less universal. The
institution is altogether legitimate ; and it is always neces-
sary to some extent. It affords the State a means of reve-
nue which must otherwise be exacted from workers and
capitalists in the form of taxation. How is it that the
States interested in the Congo have renounced their
rights of ownership — rights established on a regular and
recognised basis of acquisition? Such renunciations can
certainly not be based on presumptions or on far-fetched,
ingenious and exaggerated inductions.
A modern Sovereign does not necessarily become the
immediate possessor of all properly situated in his domains.
The imperium and the dominium are distinct, although they
often have been and are sometimes still confounded. But
lhat which constitutes an essential attribute of all sove-
reignty, that which is necessary to the welfare of the body
politic, is the right of the Government to regulate the legal
status of all property within its jurisdiction, to determine
the titles of ownership, the modes and the forms of
conveyance of the same, and the limits to be fixed thereon
THE DOMAIN 11
in the public interest. The Sovereign is the supreme
legislator from this point of view. In the regulation
which he is called upon to make of the rights of property,
he has the power to issue such rules as lie may deem wise
for the legal acquisition of property. And, in the case of
ownerless properly, he can incontestably decide upon its
ownership. Whether he leave such property to the hapha-
zard of individual occupation, \vhether he retain discre-
tionary control over it, or whether he vest it in himself, he
is acting altogether within his sovereign jurisdiction.
Applied to countries without a recognised authority, such
legislation might be disputed. But in the case of an
established State, it could not be questioned, either by
another Stale or by individuals, when, moreover, that
legislation only affected ownerless land extant at the
time of its promulgation.
The occupation of a territory without Sovereign, and
that of ownerless land in a country subjected to a
recognised sovereignty, must not be confounded. The
first may raise a question of international law ; the second
is a question of the law of the land in each Stale. This is
equally true of strictly national and also of colonial terri-
tory. For if, in a given case, it is possible to deny that the
necessary conditions exist for the acquisition of sovereignty
over a territory, it is impossible, as soon as the sovereignty
has been admitted, to deny the logical consequences of that
admission.
The action of a Sovereign in declaring that all ownerless
properly belongs to the State cannol, then, be questioned.
The advisability of such a decree, which may be dictated
by the best of motives, must be decided by the Sovereign.
72 THE DOMAIN
It is evident that it would be wrong for a government,
even at the risk of trespassing on social interests, to leave
waste land at the mercy of precarious individual occupa-
tions, with the consequent disputes for whatever the land
might produce. Such a position would be untenable, for
everybody agrees that the prosperity of a country depends
largely on its land system and the proper use of the soil.
This principle is general in its application and
Bluntschli has well said that the system which attributes
waste and ownerless land to the State conforms to German
ideas, and is admitted in the modern world (1). The
principle still holds good to-day, he added, in England
and in the United States, that waste land in the new colonies
belongs to the State and that colonists must purchase it
from the State (2).
The attribution of vacant property to the State has not
the same importance at home as in the colonies. At home,
it is looked upon as an authorized appropriation of
escheats. But in the colonies, where the risk of dispute
is greater, where the proper settlement of land is of vital
importance, where the public resources are smaller and the
public needs larger, the attribution of unclaimed property
to the State is justified by the most cogent reasons.
That attribution, again, no longer wears the unjust aspect
it formerly wore under the old right of conquest. It
implies the respect of existing private rights and of native
claims, both in their purport and quality. And so we find
this principle applied in colonies organized under the most
(1) Itroit international codifit, liv. IV, n° 277, note.
(2) BLUNTSCHLI, Thiorie de I'Etat, p. 222.
THE DOMAIN 73
varied commercial systems. Not only is it practically
applied under the various Governments unconcerned in
Africa, but also, remarkably, by the great Powers in their
possessions and dependencies in the Congo basin.
The first clause of the German Imperial Order of
November 26, 1895, runs thus : —
« Save for rights of ownership or other real rights claimed by
individuals, corporations, native chiefs or communities, as well
as rights of occupation by third parties resulting from contracts
made with the Imperial Government, all land in German East
Africa is vacant crown land. The proprietorship of it belongs
to the Empire. »
Here, furthermore, are the terms of article 19 of the
Order issued by the Commissioner for the French Congo,
under date of September 26, 1891 : —
« Uncultivated soil and vacant land, which nobody legally
claims, shall be considered as belonging to the State and shall
form part of the colonial domain. »
Since then, the decrees of March 28, 1899, relating
to concessions, have clearly affirmed the right of the State
over vacant land.
A British subject is, by virtue of a legal presumption,
the representative of his Government in any uninhabited
land. « In such a case, » says Creasy, « the whole
country becomes vested in the Crown ; and the Crown will
assign the particular persons portions of the land reser-
ving, as Crown land, all that which is not so granted out,
and reserving also jurisdiction over the whole territory(l). »
(1) CREASY, The Imperial and Colonial Constitutions of the Britannic
Empire, p. 6G.
74 THE DOMAIN
The Royal Charter granted on September 3, 1888, to the
British East Africa Company indicated concessions of
powers implying the ultimate exercise of the Crown's pre-
rogative over vacant property. Thus clause 23 authorizes
the Company :
« To carry on mining and other industries, to make conces-
sions of mining, forestal, and other rights; to improve, develop,
clear, plant and cultivate any territories and lands acquired
under this Charter, to settle any such territories and lands, and
to aid and promote immigration into the same, to grant any
lands therein for terms or in perpetuity, absolutely or by way of
mortgage, or otherwise. »
^Yithout discussing the interpretation of this clause, let
us notice here that the right of His Britannic Majesty to
declare vacant land in his colonies to be Crown properly
is not contested, and that that right has been frequently
exercised. For instance clause 4 of the Act annexing the
Fiji Islands as a British possession runs thus :
« That the absolute proprietorship of all lands, not shown
to be alienated, so as to have become bona fide the property of
Europeans or other Foreigners, or not now in the actual use or
occupation of some Chief or tribe, or not actually required for
the probable future support of some Chief or tribe, shall be and
is hereby declared to be vested in Iler Majesty, Her Heirs and
Successors. »
The International Colonial Institute has published
five volumes of official documents on Le Regime, fonder
aux colonies. These documents and the accompanying
notes throw much light on the point under discussion.
The notes relative to German colonies were compiled
by Mr. Herzog; those relative to French colonies, by
Mr. Arthur Girault; for the Italian colony of Erythrea,
SETTLEMENT OF THE DOMAIN 70
by Baron de Franchetli; for Ilie Dutch Indies, by
Mr.Van derLilh ; and for British India, by Mr. B. H. Baden-
Powell, of Oxford. For the British colonies, which are
reported in the fifth volume, the documents were kindly
supplied by Mr. Chamberlain, the Colonial Secretary of
State, who sent to M. Janssen, Secretary General of the
Institute and author of the article on the Congo, the replies
made by the Governors and Higli Commissioners to his
enquiries (1).
This combined testimony seems conclusive.
6. — SETTLEMENT
OF TIIE STATE'S PATRIMONIAL DOMAIN.
Having been duly included as Slate property, waste and
ownerless land may be regarded as disposable.
The State may devote a portion thereof to the public
service, when it becomes public property. The State may
convey a portion to an individual or a corporation,
either freely or for payment, with or without conditions,
more or less rapidly, according to the advantages reco-
gnized by the Stale in these various courses of action.
It may grant a greater or less degree of use of the
property, on its own terms. It may work the property
itself and manage it as it sees fit, in order to apply the
income to its needs.
All these proceedings, and other similar ones, are
included in that free disposal and free use which are the
(1) Bibliotlieque coloniale Internationale, 3e serie. Le Regime fonder
aux colonies. Documents ofllciels precedes de notices. 5 vol. Brussels,
4898-1902.
76 SETTLEMENT OF THE DOMAIN
essence of the State's right. They are so many variations
of the State's position as owner, and there is no diffe-
rence, as to the general character and fundamental
rights of such ownership, between the rights of private
property and the right of the State over its patrimonial
domain.
With regard to mines and forests — two very important
classes of property in a colony— it is hardly necessary to
point out that, mining rights being distinct from surface
rights, the State can reserve the former and regulate the
concessions thereof in the public interest. Again, the
exploitation of forests by the State and the granting of
forest concessions are legitimate acts of user by the State
as owner; just as forestal police regulations, affecting
alike private and public domains, are quite within the
province of the Government.
The question of the disposal and use of the State's
patrimonial domain is one of internal arrangement, and
administration, which may be discussed as a question of
colonial political economy, but legally depends on the
sovereign judgment of the Stale.
This is so palpably necessary, that it is hard to see how
any one claiming to understand colonial policy can con-
test the point. The circumstances, of course, are of
endless variety, not only in different colonies, but in diffe-
rent districts and at different times. It stands to reason
that each case must be treated on its own merits. In one
case, the cession of land for payment is easy ; in another,
even free grants of land are impracticable. Sometimes indi-
vidual or limited collective action may produce favourable
results ; sometimes only the most powerful companies can
LAND LEGISLATION AND COMMERCIAL FREEDOM 77
hope for success. Under certain circumstances, the State
is forced to undertake the cultivation and development of its
property; under other circumstances, such action is inadvi-
sable. Arrangements must depend on circumstances and
on the objects in view. Thus do the factors of the colonial
problem vary, and call for varying solutions, according
to the position of the State and the results it desires to
obtain. The « en bloc » theory, as it is called by Chailley-
Bert (1), and a rigid adherence to a preconcerted system
are nowhere more absurd tl^an in colonial matters.
Nowhere is it so unwise to dogmatise or to generalise from
particular cases.
7. — LAND LEGISLATION AND COMMERCIAL FREEDOM.
Attempts have been made to raise the principle of com-
mercial freedom set forth by the Berlin Act, as an obstacle
to the organisation of land regime and of such colonial
property rights, for the State or its concessionaires, as
include the essential elements of ownership. It has been
urged that the whole of the Congo basin should, from an
economic point of view, remain in the condition of waste
land, abandoned to the use of whosoever should care to
collect, even temporarily, the produce of the soil, and that
the State, as such, should not settle and manage the land
for the benefit of the country. Such a colonial policy,
neglecting the proper working and development of the
land, would fail in its elementary and most beneficient
task.
(<) Dix anneet de politique coloniale, Paris, 1902, p. 1.
78 LAND LEGISLATION AND COMMERCIAL FREEDOM
The strange theory, which distorts commercial freedom
in order to combat the development of colonial pro-
perty, fails in one striking particular. It confuses
two distinct economic factors, operating in absolutely dif-
ferent spheres, with a view of making one destroy the
other. The right of ownership and the right of com-
merce cannot be mixed, and the affirmation of the
latter cannot imply the negation of the former. The
arrangement of the land regime and the system of com-
mercial exchange cannot be confounded.
The theory we impugn here has still another fault
from the point of view of the Berlin Act and from that of
international law. That theory diverts the very meaning
of commerce, as set forth by the Conference, especially
in the quotation of the Report which we mentioned.
How can the right of commerce, in its technical and literal
sense, — a commerce consisting, as the Report declares,
exclusively of trade in produce, — conflict with universally-
admitted rights of working and of managing the land
conformably to colonial needs? If one reflects on the pro-
bable consequences of such an interpretation of the Berlin
Act, it will be readily admitted that such could never
have been the intention of the Signatories. A general
rush, on the raffle-system, into « no man's land » would
mean permanent anarchy. It would cause devastation,
not colonization. It is useless to urge that such a system
of unregulated land tenure would attract capitalists and
pioneers, and thus help to develop the colony. If every-
body could indulge himself in a management at once free
from restriction and devoid of security, where is the
prudent capitalist who would care to lay out money on the
LAND LEGISLATION AND COMMERCIAL FREEDOM 79
development of resources of \vhich the next man who comes
that \vay might rob him ?
The ownership of any given property, by its very
nature, implies an exclusive right of disposal and use.
But the Berlin Act considers this consequence as quite
of a piece with commercial freedom ; for it recognises
the establishment and regulation of ownership, as in
clause 5, § 2, with express reference to the mode of
acquisition and transfer.
If by monopoly be meant any private right of disposal
and use, ownership may, under certain circumstances,
be classed as a monopoly. But it must be remembered
that the Berlin Act does not proscribe every class of
monopoly; it only forbids the granting of commercial
monopolies. The ownership of land, of course, does not
fall under this category.
If it were desired to distinguish between the property of
individuals and the patrimonial property of the State, tli3
distinction would be strange, for it would recognise owner-
ship in the case of the grantee, and deny it in the case
of the grantor. If it be objected that, on account of the
enormous size of its patrimonial property, the State can-
not be allowed to work it, we submit that the same objec-
tion strikes at the large Companies owning and working
whole regions. And how could any distinction be made,
under the Berlin Act, between large and small pro-
perly?
Neither can it be reasonably supposed that if the State
held aloof from the management of the land, the trade in
natural produce would be more prosperous. Had the
State recognised the right of the first comer, the lalter could
80 STATE COMMERCE AND PRIVATE TRADE
have secured without trouble produce which lie now has
to buy. But the very appropriation of the produce would
have been an act foreign to commerce, which exists only
when an exchange of produce follows. And it would still
have to be shown ihat the Berlin Act had decided against the
universally-admitted right of the State to all ownerless
property, and had aimed, not at free and equal trade
between individuals, but wholly and solely, and regardless
of consequences, at affording the maximum chances of
profit to anyone.
It is true that the attribution of unclaimed property to
the State — including concessions of lands which involve
rights of disposal and of use — may possibly not remain
without influence on the sphere of commerce. But that
does not justify a denial of the legitimacy of such sovereign
acts. Here again, a certain modus ordinandi in the
domain of ownership and commercial freedom may be
sought, but without confounding the respective rights, and
without allowing individuals to dictate to the State in
matters affecting the land regime of its colonies.
8. — STATE COMMERCE AND PRIVATE TRADE.
Can the carrying on by the State of any business open to
private initiative be considered incompatible with commer-
cial freedom? And can the State reserve to itself the exclu-
sive right to any branch of commerce?
Let us first consider whether the State can carry on
any business open to private enterprise. Whether the State
has the rights of a landowner in its own domains, may be
discussed. But the moment that question is settled in the
STATE COMMERCE AND PRIVATE TRADE 81
affirmative— which is the only practical solution — the
right of the State to carry on any form of business cannot
be challenged. It can gather and sell the produce of which
it has become the legitimate owner. Naturally, it cannot be
forced to consume or to store up the whole of its own pro-
duce. As regards the buying and selling of produce
belonging to others, to natives for example, it may be asked
whether the State can, under the Berlin Act, carry on such
trade.
To elucidate this question, let us define the position of
the Sovereign with regard to his territory. The situation
under notice is very different from that of Foreign States.
These have no sovereign rights over the territory and they
only appear in the Berlin Act as protectors of the interests
of their respective subjects, and to secure to the latter cer-
tain advantages outside the common rule of foreign com-
merce. The Powers are not in the habit of claiming any
right of trading, on their own especial behalf, in States
other than their own. And if they did advance such a
claim, they would only be entitled to the same treatment as
ordinary individuals.
The legal position of a Government in its own territory,
is an altogether different matter. It is neither a foreigner
nor an individual ; it has certain duties to fulfil, according
to its views of the public needs, and, for it, sovereignty
means freedom. Legally, there is nothing to prevent a
State from doing whatever it may deem beneficial to the
general interest. It may be either producer or manufac-
turer, it may sell its produce or manufactures, and may
even buy and sell certain articles which it neither produces
nor manufactures.
6
82 STATE COMMERCE AND PRIVATE TRADE
The fact that a State acts in this business capacity in no
way destroys the liberty of individuals to carry on similar
business, nor does it affect the respective equality of
subjects of different nations. The Berlin Act does not and
could not forbid such operations, without injuring the
colonial interests, which it was its very object to promote.
Material transactions, in fact, are very often the
only means, in uncivilized countries, of establishing
relations with the natives, and sometimes of opening
a necessary market or of keeping up a legitimate traffic.
In many cases a refusal to enter into commercial relations
might lead to bad feeling. To distribute the desired goods
gratuitously would be to ruin all future transactions.
State trade, then, may be not only permissible, but inevi-
table, and even profitable to subsequent commercial rela-
tions between individuals. Those who look upon trade
as the most, powerful and effective weapon a Stale can
emplov in the civilization of a new territorv, will readilv
f m v * %t
admit that, in trading to a certain extent, the Government
is not trespassing beyond its fundamental mission of
civilization.
In any case the State must retain a free hand in
the regulation of such trade. The only thing which
might be criticised would be, not the carrying on of
trade, but any positively unfair competition. It is idle
to say that the State, because of its practical immunity from
taxation, must always compete unfairly. The State
has to meet demands from which the private trader
is exempt. Certain duties have to be performed by the
State, while the individual generally rids himself of any
responsibility he may have in connexion with those duties
STATE COMMERCE AND PRIVATE TRADE 83
by the payment of a relatively modest contribution. But
it is against tho weight of evidence to contend that the State
cannot carry on a colonial trade, and at the same time
leave a large field and a free opportunity for a plentiful
harvest of profits to private activity, without favouring
anyone of the competitors.
Unfair competition is quite possible in private enterprise,
but with that question we need not deal here. We know,
however, of no case in which such a charge can be made
against a State.
As for the Congo State, it has never gone in for specu-
lative trade as its main object of business ; it has merely
sought a market for its own produce.
A more delicate question is that affecting the monopoly
of certain branches of trade by the State. As a matter of
fact, the State monopoly of matches, cigars, playing cards,
and so forth, was never held as a breach of the principle
of commercial freedom. And the Berlin Act supports this
view. The only thing really forbidden in the Act is the
concession of trade monopolies, which is prohibited in
article 5. But the working of certain monopolies by the
State is an entirely different matter; it may be practically
but a form of taxation. Arguing from this point of view,
and from the very wording of the Act, one might submit
that it is rather a question of discretion and moderation
for the State, than one of absolute prohibition.
We refrain, however, from passing an opinion on that
point.
84 RIGHTS OF THE NATIVES
9. — RIGHTS OF THE NATIVES.
In order to combat the rights which \ve recognise as
belonging to the State, the acquired rights of the natives
have been brought into line. The confusion of ideas and
of things has been so great that it may not be unnecessary
for us to examine the matter.
The Conference dealt with acquired rights in two very
different circumstances. In the first instance, it examined
the line of conduct to be observed in relations with inde-
pendent native sovereignties. The question then was one
of acquired rights as between rulers and their subjects.
Such rights had to be recognised, as far as evidence
supported them, especially in the case of the Sultan of
Zanzibar. "With regard to other sovereignties, about which
the Conference had no precise data, the French Chief
Plenipotentiary thought that the Conference needed not
consider them, except in order to warn traders against
the delusion that commercial liberty was safe in countries
as yet untouched by the influences of civilization. At the
suggestion of several members of the Conference, and
especially of Mr. Kasson, the United States Chief Plenipo-
tentiary, declarations were made in view of respecting
native sovereign rights. But when Mr. Kasson formally
proposed to sanction the respect of such rights by making
the consent of the native rulers concerned a condition
of the occupation of their territory with rights of sove-
reignty, the President of the Conference was one of the
first to declare that such a proposal « always touched on
delicate questions upon which the Conference hesitated
RIGHTS OF THE NATIVES 85
to express an opinion. » « Modern international law, »
Mr. Kasson had stated in the sitting of January 31, 1885,
« follows closely a line which leads to the recognition of
the right of native tribes to dispose freely of themselves
and of their hereditary territory. In conformity with this
principle, my Government would gladly adhere to a more
extended rule, to be based on a principle which should
aim at the voluntary consent of the natives whose country-
is taken possession of, in all cases where they had not
provoked the aggression. » This proposition, involving
the consent of the natives for the annexation of their
territory, fell through.
"Which ever opinion may be entertained of this principle,
and in whatever light the Conference may have regarded
it, it only offers, from our point of view, an historic interest.
Time, frontier arrangements between the Powers, the
cession and recognition of sovereignly by native Chiefs,
have definitively settled the question.
The question of acquired rights was also considered by
the Conference when it examined the conditions of future
effective occupations on the African Coast. In that case,
the Conference required the establishment of a force suffi-
cient to maintain those rights. It is a question here for
the Governments, not of recognising without more ado the
sovereignty of States looked upon as independent so far —
which would practically hinder any occupation whatso-
ever— but, on the contrary, of making their paramount
authority felt in the occupied territories, by protecting such
acquired rights as are generally looked after by the Govern-
ment, e. g. private business rights.
This new provision has been tentatively interpreted
86 RIGHTS OF THE NATIVES
as a special protection for native rights in the Congo basin.
But it seems evident that the clause in the Berlin Act
dealing with this subject in a positive manner is not
article 34, which only refers to future occupations of the
African Coast, but the articles 6 and 9, concerning the pro-
tection of the natives. These articles — exclusive, more-
over, of any reciprocal interference of the Powers in their
respective dominions — provide for the preservation of the
native races, the improvement of their moral and material
conditions of existence, the suppression of slavery and
especially of the slave-trade as defined in article 9. On
comparison of these provisions with those concerning non-
natives, the line of demarcation between them is seen to
be clear and well-defined.
Even if such were not the case, it would still be easy to
show that the rights which we have claimed for the State
can quite harmonize with the respect of all native acquired
rights.
The inherent prerogatives of the public authority in no
way clash with the rights sui generis of the natives, which
may be quite different from the rights of property in civilized
countries. The same remark applies to local rights
of use, and to the trade carried on by the natives in
produce belonging to them. Thus, the legislation of the
Congo Free State meets all the legal and reasonable
demands of such cases.
"SYith respect to trade in goods irregularly taken away
from the State or from individuals, it is easy to understand
that it is no more legal for natives than for non-natives.
The property laws of the Congo are the same as those of
other countries. Nobody may gather harvests on State or
TAXES IN KIND 87
private lands without the consent of the landlord. Any
such attempts may give rise, in the Congo as anywhere
else, to a double action at law : one on public grounds for
breach of the public peace, another on civil grounds for
the payment of any damage sustained.
We have just pointed out that trade in irregularly-
acquired goods is rightly forbidden both to natives and
non-natives. The Powers possessing in the Congo are
sometimes reproached with being too severe towards
subjects and foreigners who set the laws of the country at
defiance. Any other line of action would mean anarchy,
and therefore the action of the Powers is justifiable.
As for the contributions towards the public Exchequer,
which the State levies on the natives, in the form of taxes
in kind, it would be unreasonable to complain thereof.
Such action is justified both in itself and by the lack of
any prohibition on that score in the Berlin Act. The
importance attached to this latter point by certain contro-
versialists induces us to give a somewhat lengthy consi-
deration to the subject.
10. — TAXES IX KIND.
In the Congo, like in other countries, the people have
to help pay the expenses of government. The form of this
contribution necessarily varies according to social condi-
tions. Just now, the contribution which it is possible
to collect from the natives of the Congo takes the form of
produce having a market value in Europe.
That form of taxation is by no means exceptional.
An equivalent contribution, in the form of productive labour,
88 TAXES IN KIND
is not less justifiable. The legitimacy of this double form
of taxation is still to day emphatically claimed as an integral
part of a comprehensive system of imposts. For example,
in the Traite des impots, M. de Parieu gives us this
definition : « A tax levied by the State on the wealth or
labour of the subjects, to meet public expenses (1). » If
the taxpayer is called upon primarily to make this voluntary
and remunerated sacrifice, if this taxation in kind, in
default of being freely given, is enforced, but not without
payment, under conditions especially suitable to the social
organization of the country, there is surely no element of
injustice or unreasonableness in such a transaction.
At first sight, the idea of simultaneous taxation and
remuneration may seem somewhat odd to those who are
only conversant with the ordinary methods of civilized
government at home. Our own taxpayers never receive any
quid pro quo in kind for the sacrifices demanded of them,
their benefit being confined to a proper enjoyment of the
various public services. But if the question be looked at
from a practical point of view, and with a due regard to the
circumstances of the case, it will readily be admitted that
the principle of remuneration, adapted to certain forms of
impost, may be both useful and productive.
This proceeding, applied to native labour, may in certain
cases be not only the most practical means of obtaining a
revenue, but it may, under a wise and far-sighted Govern-
ment, become a powerful factor in training the natives to
regular work and in helping their moral and material
regeneration.
(i) Trailt del impott, I, p. 4.
TAXES IX KIND 89
Experience shows that the native is not naturally
inclined to work. The smallness of his needs, the ease
with which he can satisfy them, the contempt in which he
usually holds work, and the natural tendency to shirk the
least painful effort, all combine to keep the black in a state
of idleness. To drag him out of this Slough of Despond,
it is certainly wise to apply both of the generating prin-
ciples of movement : impulsion and attraction. It is to
these factors that one has recourse, when the native is
made to work, and paid for his work.
Therefore, the right of calling upon the people to share
the burden of the State as guardian of public order, and
the duty of initiating the natives into the universal law of
labour incumbent on every human being, constitute grounds
for the justification of compulsory native labour under the
control of the Government.
The system of compulsory labour has been criticised in
the case of several ne\vly-developed countries, but it must
be remembered that the system remains in force in modern
States, even in an advanced stage of civilization.
With regard to the distribution of the burden of this
form of taxation, it is held by some that taxation should
be strictly personal, and should not be exacted from
a whole tribe by a mere call upon its Chiefs. This argu-
ment would, if logically pursued, lead to a deadlock.
Examples of collective taxation abound, especially in British
colonies. There are countries where the inhabitants use
but few dutiable articles, drink no spirits, require no
licenses, and never use stamps. And yet, when the natives
form ninety-nine hundredths of the population, and when
they occasion a large part of the expenses of government,
90 TAXES IN KIND
law and police, it is only right that they should contribute,
and even in no small measure, to defray the expenses
incurred, as those expenses certainly are, up to a certain
point, for their protection and preservation. Thus
Sir A. H. Gordon, Governor of the Fiji Islands, expressed
himself in a letter on February 16, 1876, to the Earl
of Carnarvon, then Colonial Secretary. He added that,
after a serious consideration of the subject, and having
taken the opinion of men as conversant w ith colonial affairs
as Sir Hercules Robinson and Earl Grey, he had come to
the conclusion that, under such circumstances, it was
necessary to levy a tax on the village or district, rather
than on individuals, and that a tax of produce could be
easily levied, with the best pecuniary results, and with the
greater advantage of stimulating native industry and
greatly increasing the commercial importance of the com-
munity (1).
It has been further sought to discountenance the partial
« payment by results » of State tax-collectors. But it not
infrequently happens in civilized countries that premiums
are given according to the satisfactory nature of the work
performed. Steps can, of course, be taken to prevent any
exactions; but the radical suppression of the o payment by
results » system does not appear to be justified. How-
ever, the system has its faults and the Congo State, which
had only temporary recourse to it, has, we venture to
think, done well to suppress it, as it did several years ago.
(1) See the remarkable Kapport de M. le baron van Eetvelde au Roi-
Souverain, daled January 25, 1897. BULLETIN OFFICIEL DE L'£TAT IMDE-
PEHDANT DU CONGO, 1897, p. 48.
THE LABOUR TAX 91
It is urged that all compulsory labour is oppressive and
outrageous to natives. But we must not forget that, in our
own countries, the use of constraint is considered not only
as an occasionally necessary means of education, but as
an indispensable means of assuring the compliance with
a number of duties imposed by the Government.
Every humanitarian enterprise has its shortcomings,
and they are perhaps more striking in Africa than
elsewhere. Unfortunately, individual abuses are not con-
fined to any special colony. Such abuses must be repres-
sed. As for the Congo Free State, the official legal
statistics show that the Government did not fail in this
respect.
In default of high humanitarian motives calculated
to influence both authorities and individuals in this con-
nexion, their material and moral interests act as a power-
ful incentive. The duty of a moderate and humane treat-
ment of the natives cannot be neglected with impunity.
The oppressed or ill-treated black will not hesitate to run
away, and work may thus be brought to a standstill.
Not only does it appear impossible to deny the right of the
authorities to introduce compulsory labour, but it must be
recognised that the State, in governing economic life in new
countries, has altogether different duties from those exer-
cised in older societies. The State has, in fact, to some
extent, to substitute for economic apathy — only varied by
homicidal strife — a social order founded on regular and
beneficent labour.
The organization of labour in those countries is widely
different from that in force at home. The researches and
the published documents of the International Colonial Insti-
92 THE LABOUR TAX
tute (1) on the question of colonial labour throw much
light on this point. Everybody knows that, in tropical
countries, the dislike of the natives to work is not only
the greatest obstacle to their civilization, but also
a formidable enemy of colonization. While the European
may have the brains that conceive and direct, he cannot,
in those countries, also have the hand which executes.
There are grounds for hoping that malaria, the great natural
fiend of Europeans settlers, will not for ever resist the efforts
of science to find its antidote. But the climate alone still
remains sufficiently depressive to limit the European sphere
of action in tropical countries. The native labour problem,
then, brings into better relief the necessity for harmonizing
the industrial efforts of Europeans with the efforts for pre-
serving and improving the races apt to aid European
enterprise. The employment of outside labour more or less
capable of doing the required work — and such a course is
occasionally necessary (2) — is but a precarious resource,
bristling with dangers and difficulties. Native labour is
generally preferable. It was in view of these facts that
the International Colonial Congress, held in Paris in 1900,
passed the following resolution :
« Everything calculated to foster the recruiting of
native labour in the colonies should be encouraged. The
employment of native labour should be preferred, unless
(1) Bibliotheque coloniale Internationale, in serie. La main-d'ceuvrc
auz colonies. Documents ofiiciels. 3 vol. Brussels, 1895-1898.
(3) See our Projet de regiment en vue de Vutilisatioi' de la main-
d'auvre ejcotique dans let colonies, presented to, discussed, and adopted
by the Institute of International Law. Bibliotheque coloniale Internatio-
nale. Compte rendu de la session tenue a Bnucelles, 1899.
THE LABOUR TAX U6
absolutely unobtainable, rather than the introduction of
foreign elements, even when such employment necessitates
certain measures which, in view of the social condition of
the natives, would appear in Europe as an interference
with individual liberty (1). »
With respect to the Congo country, and especially the
French Congo, men of undeniable experience, like
Mgr. Augouard, who have lived a quarter of a century
in Africa, and have devoted their lives to the welfare of
the natives, do not hesitate to point to compulsory labour as
the only present means of solving the problem of colonial
industry (2). In various countries, including Germany,
for example, men of no less experience, like major "Wiss-
mann, while combatting the principle of forced labour,
consider that the best means of making the natives work
are, on the one hand, the tax of labour, and, on the other,
military service. As for the tax of labour, the celebrated
African explorer says : — « The authorities should, as often
as possible, induce the natives to pay the impost by means
of work rather than in money. I think it would not be a
bad idea if the colonial Government were to refuse pro-
duce offered in payment of taxes, and exacted payment
in labour (3). »
^Ye thus see that authorities on colonial matters differ
of opinion. Without taking part in their controversy, let
us merely note that the point in question is simply one of
internal colonial policy, which may perhaps not be suscep-
(1) Congres international colonial. Rapports, me"moires et proces-
verbaux des stances. Paris, 1901, p. 842.
(2) See Belgique colonials, March 30, 1902.
(3) Deutsche Kolonialzeitung, January 16, 1902.
94 PRESTATIONS OF LABOUR AND SLAVERY
tible of a simple and universal solution. Each State must
solve the problem according to its own special circum-
stances. In any case, some sort of regulation of labour by
the authorities seems necessary, if abuses are to be avoided.
11. — PRESTATION OF LABOUR AND THE SLAVERY QUESTION.
Prestations of labour, even as a form of taxation, are
sometimes confused with slavery, both questions being
more or less distorted. A brief examination will show
the fallacy of these views.
In the first place, it is impossible to confound slavery
and certain obligatory services rendered to the State.
Slavery is the very negation of individuality, of the essen-
tial attribute of humanity, of the freedom to acquire and
possess rights. It makes of a man the chattel of his
master. The enforcement of a certain amount of labour,
limited in quantity and in duration, remunerated, exacted
as a contribution to public expenditure, submitted to the
guardianship of Government, and without the rights of the
individual in his essential elements being called into
question, is radically different from slavery. Far from
destroying individuality, it may be looked upon as a first
attempt at the redemption of the native from the vicissi-
tudes of his miserable existence.
If all compulsory personal prestations were considered
as characteristic of slavery, then we should have to admit
that slavery exists in our civilized communities. Com-
pulsory military service, and other forms of obligatory
prestations would then become mere forms of slavery.
It is a case of « he who proves too much proves nothing. »
PRESTATIONS OF LABOUR AND SLAVERY Uo
Again, it would be an insult to common sense, and
contrary to all experience, to attempt to apply to the indus-
trial education of the natives the same perfected rules
which have only come into force in civilized communities
after centuries of slow development. Armchair politicians
fancy they can clear up all these difficulties in half an
hour, and that savages can be transformed, without any
intermediate stages, into highly civilized races. The
danger here lies in flying to extremes : either by conside-
ring natives as brutes, and denying them the rights of
humanity, or by treating them as fully developed adults.
As seen in certain colonies, to give the natives full
political liberties, out of joint with their social condition,
is to nullify much of the good effects of civilization.
What is wanted, if the natives are to be helped, is a paternal
and educating administration, which, while it asks them
nothing that their social condition prevents them from
affording, still demands what is morally possible, adapting
the laws to their needs, in order to gradually develop the
work of their regeneration. That is the only rational
method; and it has stood the lest of experience. Was
the system of complete civil liberty, as now enjoyed by
European communities, built up in an hour? Was it
not rather the work of centuries?
We certainly never felt any sympathy for slavery. We
believe, with the secretary of the Berlin Conference, that
« this mischievous institution ought to disappear. » But it
is impossible to consider every form of taxation in kind as
slavery. And, frankly speaking, it must be admitted that
there are far greater dangers for the natives than the habit
of regular, remunerated labour — dangers to which those
96 PRESTATIONS OF LABOUR AND SLAVERY
who desire to see the natives uplifted should never expose
them. AVe allude to the drink-evil and the liquor-trade.
Governments have never confounded slavery with the
slave-trade in newly opened countries, and it is not without
interest here to recall the exact legal aspect of this question.
Referring to the undertaking, given by the Powers in the
Berlin Act, to assist in the suppression of slavery, the
secretary of the Conference says : « Every one knows —
and the evidence of Mr. Stanley has only confirmed, as
regard this question, an obtained opinion — what deep
root slavery has taken in the constitution of African bodies.
Assuredly this pernicious institution must disappear; it is
an essential condition of any economic and political pro-
gress ; but tact and gradual transitions will be indispen-
sable. It is sufficient to note the end in view; the local
Governments must search for the means and adapt them
to the circumstances of the times and surroundings (1). »
Domestic slavery in newly discovered countries is too
deeply ingrained to be pulled up, root and branch, all at
once. To attempt to punish every slave-holder would
only lead to useless bloodshed, and would only retard the
hitherto successful work of the civilization of Africa. We
must bear in mind the old but true adage, that the best
laws for a country are not the most perfect, but those best
suited to it, and best calculated to advance its interests.
« Even when laws tend to change customs, » as Matter
truly observes, « they must be in some way related to
those customs, if they are not to be rejected (2). »
(1) Protocoles et Acte general de la Conference de Berlin, p. 90.
(2) De ('influence detmtxurs surles lois et des lois sur les mosurs,
PRESTATIONS OF LABOUR AND SLAVERY 97
While Government may be unable to suppress
certain forms of slavery, it must at the same time give no
official sanction to it. There are cases which the
Government cannot punish, and yet which it need not offi-
cially recognise : such is slavery. This lack of recogni-
tion, without going to the extreme in its consequences,
may have important practical results.
When a slave-holder applies to the State on the strength
of his man-ownership, the State may decline to take any
action in the matter, and again, when the State is called
upon to give its support either to the slave-holder or to the
slave, it may choose to protect the liberty of the latter.
The undertakings given by the Powers in respect of
domestic slavery — independently of the general disposi-
tions for the suppression of slavery, to be carried out as
each State may think fit — do not go beyond the latter point.
Clause 7 of the Brussels General Act, referring to the pro-
tection to be afforded to fugitive slaves, says : « Any
fugitive slave claiming on the Continent the protection of
a Signatory Power shall obtain it, and shall be received in
the camps and stations officially established by such Power,
or on board the vessels of such Power plying on the lakes
and rivers. » It should be noted that, on grounds of
public order, the right of asylum is not claimed de piano
by the Conference for private stations and boats : they
can only exercise it subject to the previous sanction of the
Government. The Conference, moreover, never intended
to forbid nor to order the local authorities to indemnify
owners of fugitive slaves : the officials have full discretion
in such matters.
Similar regulations were made in respect of the right of
7
98 PRESTAT10NS OF LABOUR AND SLAVERY
maritime asylum. It is true that, according to the terms
of clause 28 of the Brussels General Act, « any slave who
may have taken refuge on board a ship of war bearing the
flag of one of the Signatory Powers shall be immediately
and definitely liberated; such liberation however, cannot
operate to withdraw him from the competent jurisdiction if
he have been guilty of any crime or offence at common
law. » It is true also that, according to clause 29, « every
slave-detained against his wish on board a native vessel
shall have the right to claim his liberty ». But the
question of the right of asylum on European or American
merchant vessels was formally reserved by the Conference,
and still remains an open one.
The duties of the Powers in respect to the slave-trade
are more far-reaching.
Slave-trading constitutes a crime. Not only does each
Power agree to suppress the traffic in its own territory,
but general regulations have been drawn up in order to
secure the universal and effectual suppression of the traffic.
At the same time, the general and concerted arrangements
do not allow one Government to interfere with the inde-
pendence of another State, in order to punish some real or
supposed act of slavery- dealing (1).
The Powers refrained from declaring slave-trading
to be « an act of piracy. » At sundry times and in
various ways, the British Government has endeavoured to
treat slave traffic as an act of piracy. For instance, just
before the meeting of the Brussels Conference, England
(1) For particulars of the agreement arrived at, see the Report to the
Conference on articles 1 and 3.
SLAVE-TRADE AND PIRACY 99
signed a treaty with Italy, by virtue of which both of the
Signatory Powers had to treat slave- trading as an act of
piracy. The object of such declaration was to justify
indisputably the concession to each of the parties of broad
reciprocal rights in the prosecution and punishment of the
slave-trade.
However praiseworthy the object may be, it will be seen
that the proposal to make slave-trading an act of piracy
is open to just criticism.
The two things cannot be treated on common ground.
The essential differences between them are so great that
their elements cannot be assimilated. « Such an assimila-
tion is not in the nature of things, » says Bluntschli, « and
the meaning of piracy cannot be arbitrarily extended in
that way (1). » Thus, a generally-applied solution of the
slave-trade difficulty will have to be sought elsewhere than
in the direction indicated by England. The suggestion
of Great Britain, moreover, seems to apply too exclusively
to the maritime phase of the question.
We in no way pretend that international action in
regard to the slave-trade is inadmissible. But we consider
that, if a satisfactory solution is to be arrived at, slave-tra-
ding should not be termed « an act of piracy. » The point
is, is the blave-trade — apart from any comparison with
piracy— in any way a crime against the Jaw of nations?
The proposition being thus corrected, the solution will not
be difficult to find, especially if care be taken to avoid any
exaggeration, and only to bear in mind the actual conse-
quences of that declaration.
(1) Droit international codifie, 3oi, nole.
100 SLAVE-TRADE AND PIRACY
From this new point of view, the slave-trade is distin-
guished by the following characteristics : as was pointed
out in the report of the Committee to the Berlin Confe-
rence, slave-trading is an « atrocious crime of human
felony » and at the same time « the negation of all law
and social order. » The slave-trader is rightly looked
upon as an enemy of mankind, hostis generis humani,
and deserves the hatred in which he is held. The extent
and evil of his operations would justify the use of the
strongest language to characterize his crime.
The obstacle to a technical definition of punishable
slave-trading — besides the false point of view from which
the slave-trade was regarded in international law — has been
the fear that it might involve consequences trepassing
upon the independence of States. As a matter of fact, if
slave-trading be made an offence against the law of nations,
it is not thereby assimilated to piracy, for the simple reason
that piracy is not the typical neither the only form of
offence against the law of nations, and that different crimes,
although equally « offences against the law of nations, »
call for different treatment, if they are to be suppressed.
To call slave-trading a crime against the law of nations
would not involve an admission of the right of a State
to infringe on the independence of another State in order
to punish real or supposed slave-trade offences.
Outside of the International Acts of Berlin and of
Brussels, certain States have come to reciprocal arran-
gements involving various obligations. The treaty,
already alluded to, between England and Italy is one of
these. The public international law of theCongoFreeState,
in this relation, exclusively consists of clauses 6 and 9
SLAVE-TRADE AND PIRACY 101
of the Berlin Conference, and of the Gener.nl Act of the
Brussels Conference. As for the legislation of the State,
laws relative to the uniform suppression of the slave-trade
were adopted by the decree of July 1, 1891. And it is
worthy of note that cases arising out of slave-trading in
the Congo are tried by the State Courts, and never by native
tribunals.
The law recognises no other obligations between native
masters and servants than those arising out of a contract
freely entered into, and in conformity with modern civil
law. The State, for some time past, has put into force
special regulations affecting contracts of service between
natives and non-natives : these regulations are set forth in
the decree of November 8, 1888. And any arbitrary
interference with individual liberty, properly so-called,
is energetically repressed by the Penal Code. Under
these circumstances, we venture to think that the present
legislation of the Congo Free State, regarding the essential
guarantees of individual liberty, is on a par with the best
and latest colonial codes.
The consideration of this subject, so often misunderstood
and made a cause of reproach against States who are
loyally doing their duty, may well be terminated by a few
quotations. The first is from that « Apostle of the blacks, »
Cardinal Lavigerie, the very last man to be suspected of
favouring slavery. He says : —
« To attempt to abolish slavery in Africa at one blow, by
force— since force is the only means to that end— is to attempt
the impossible. All the armies, all the wealth of Europe would
not suffice to attain such an object. Moreover, the social con-
dition of the African native being founded on slavery, which
102 SLAVE-TRADE AND PIRACY
has existed for centuries, everything would be thrown into a
state of chaos, if \ve were to abolish all at once an institution,
doubtless lamentable, but still preferable to chaos v'i). »
The second quotation is taken from the Report of Sir
Frederick Lugard, Governor General of Northern Nigeria,
dated March 18, 1902. We reproduce it, not for the
sake of criticism, but to show that, even in the question
of the suppression of the slave-trade, Governments ani-
mated by the best intentions — even the Government who
has the incontestable honour of having performed the
greatest services for the abolition of slavery and of slave-
trading—may sometimes find themsehes at a loss. Here
is the passage : —
« There is, probably, no part of the « Dark Continent » in
which the worst forms of slave-raiding still exist to so terrible
an extent, and are prosecuted on so large and systematic a scale
as in the British Protectorate of Northern Nigeria. Each year,
as the grass dries up, armies take the field to collect slaves.
Nor are they even provident of their hunting-grounds, for those
who are useless as slaves are killed in large numbers, the
villages burnt, and the fugitives left to starve in the bush. »
We may be sure that, if she has not already done so,
England will soon put a stop to these infamous practices
in her African Protectorate.
The accounts of the horrible and persistent ravages of
the slave-bands in the region of the Tanganika are well
known. To-day things are different on the banks of the
great lake, thanks to the determined war made on the
slave-traders. A short time ago, in a lecture given before
(i) Letter to H. M. King Leopold II, dated November 8, 1889. Docu-
ment* tur lafondation de I'oeuvre antiesclavagitte. Paris, 1839.
THE BERLIN ACT AND NAVIGATION 103
the London Geographical Society, and reproduced in the
Geographical Journal, Sir H. H. Johnston, British High
Commissioner for Uganda, paid a signal tribute to the
Belgians at present established in that country. He said : —
« I might mention that I was accorded the kindest hospitality
by the Belgian officials, and given every possible facility for
visiting this portion of the Congo Free State. I found the natives
every where on friendly terms with the Belgian authorities, and
the excellent roads and well-built stations, together with abun-
dant supplies of the comforts and necessaries of existence from
Antwerp merchants, introduced a strange element of civilization
into these otherwise trackless wilds. Sir Henry Stanley would
indeed be amazed at the change which has taken place in parts
of the forest which some twelve years ago were to him and his
expedition more remote from civilization than the North Pole vl).»
And thus, as Government establishments are developed
in Central Africa, and as other regenerating influences
take root under their aegis, so the slave-trade is for ever
extirpated in the newly-civilized regions.
III.
The Berlin Act and Navigation.
In the Berlin Act we find two classes of regula-
tions affecting trade. One class, affirming the principle of
commercial freedom, remains in force. The other, which
includes the suppression of import dues, has not survived
a comparatively brief period of trial. We also find in the
(i) Geographical Journal, 1902, January, p. 23-2 i. See also The
Uganda Protectorate, I, p. 197 and seq.
104 INTERNATIONAL RIVERS
Conference transactions relating to the great African rivers
two classes of regulations. One of these has stood the
test of time; the other, of an optional character, has
remained sterile because at first it was impracticable, and
later had no more raison d'e'tre.
1. — GREAT WATER-COURSES. — INTERNATIONAL RIVERS.
Man pitches his tent preferably on the banks of rivers —
those « walking roads » which carry burdens so lightly.
It is by following them that he has the most often disco-
vered unknown lands. For centuries these natural aids
to human activity have been the only practical ways open
to any considerable trade. And even to-day they succes-
sfully hold their own against various means of com-
munication by land, on account of their unrivalled
cheapness.
Some of these great water-courses are confined to a
single country. Others have an international importance,
traversing or limiting the domains of two or more different
Governments. The first-named constitute the fluvial ter-
ritory of the State through which they flow. The second
also belong to the public domain of the countries which
they water. But their use may give rise to certain diffi-
culties, and call for certain arrangements between the
nations interested.
The problem with which international river regulations
have to deal consists in guaranteeing to all flags the use
of the navigable water-ways which flow through, or border
on, several States, due respect, however, being paid to the
sovereign rights of those States.
INTERNATIONAL RIVERS 105
This form of utilization of rivers seemed, in the beginning,
a mere reaction against the hitherto prevailing custom of
apportioning international rivers and against the absolete
river-tolls, relics of the middle-ages. As regards its
developments, we shall notice that two important steps
have been taken. In the first place, all the river
States have a right to use the water-course as far as it is
navigable. This of itself is a mutual guarantee of the
liberty of the respective navigations. In the second
place, the \\hole community, whether they belong to the
riverside States or not, are permitted to enjoy the benefits
of the river trade.
It is sometimes sought to justify this position by the
argument that the liberty of navigation on the rivers is
only an extension of the liberty of navigation on the high
seas. But, while the high seas belong to nobody, the
rivers form an integral part of the territory of State, sand
belong to their public domain. Rather is it that increasing
common interests and a wider view of commercial relations
have exercised their influence in this, as in many other
matters. These factors have induced the Powers to conci-
liate their sovereignty with a certain measure of the com-
mon enjoyment of the advantages resulting from the great
water-courses, and to make comprehensive and settled regu-
lations in matters of fluvial navigation. Without stopping
to consider the events which led up to this result, it is well
to note that an important departure was made by clause 5
of the Paris Treaty of March 30, 1814, which runs
thus :
« Navigation on the Rhine, from the point where it becomes
navigable to the sea, and vice-versa, shall be free, in such a
106 INTERNATIONAL RIVERS
manner that it shall be forbidden to nobody. The next Con-
gress shall consider the question of dues to be levied by States
bordering on the river, in a manner calculated to encourage com-
merce and equal for every State. The next Congress shall also
consider and decide in what manner, with a view of facilitating
communication between the nations, the foregoing provision
may be extended to other rivers which, in their navigable por-
tion, separate, or flow through, different States. »
The Vienna Congress of 1815 continued the work of
the Paris Congress. It organized a system of free river
navigation on the Rhine and its tributaries as well as
on the Scheldt.
Various measures were devised for the protection and
regulation of the general freedom of navigation on these
important waterways, the idea being to equalize the dues
payable by all users, and to afford equal protec-
tion to the commerce of all nations (art. 109 and 110).
At the same time, the rights of the various riparian States
were safeguarded. These States were to draw up,
on preordained lines, regulations for the proper
carrying on of the various services of navigation, and
each Government was free to collect its o\vn customs dues,
applicable to all vessels discharging cargoes in its terri-
tory, as distinct from navigation dues (art. llo). They
also had to maintain the towing-paths and to keep the
river in a navigable condition (art. 113).
If we turn from Europe to the New World, we find that
the principles of the Vienna Congress have also been applied
in Parana and Uruguay, by virtue of similar agreements
concluded in 1853 between France, Great Britain and the
United States on the one hand, and the Argentine Republic
on the other. A new departure, however, was made in
INTERNATIONAL RIVERS 107
these latter cases, in that the regulations affecting naviga-
tion were made applicable in time of war as well as in time
of peace.
In 1856, the Powers assembled at Paris decided that
the principles of the Vienna Treaty should be equally
applied to the Danube and its delta. At the same time,
the Congress, finding that the States bordering on the
Danube were not able to dredge the mouths of the river,
appointed a Committee, known as the European Commis-
sion, to go into the question of clearing the delta, and
to draw up a tariff of dues treating vessels of all flags on the
same footing. A Committee from the riverside States was
instructed to draw up regulations of navigation, and to
generally apply the dispositions of the Vienna Treaty to the
Danube.
We need not dwell upon the subsequent modifications
made in these Commissions. Suffice it to remark that
the appointment of an European Commission constituted
not an application of the Vienna Treaty, but rather
a derogation thereof, inasmuch as independent third
parties, who controlled no land on the river banks, were
called upon to assist in managing its navigation. And
thus the new regime was looked upon not as a normal,
but rather as an exceptional development, due to special
circumstances — namely the absolute necessity of dredging
the Danube delta on the one hand, and on the other,
the material impossibility of obtaining from the riparian
States the necessary sacrifices for that purpose. Under
these circumstances, it seems difficult to agree with the
secretary of the Berlin Conference in considering the
measures adopted for the Danube as a « return to the
108 THE CONGO NAVIGATION ACT
clauses of the Vienna Treaty, in their original and broad
sense. »
Such, then, was the state of the law respecting interna-
tional water-courses, when the Niger and Congo Naviga-
tion Acts were drawn up.
2. — FREEDOM OF NAVIGATION ACCORDING
TO THE BERLIN ACT.
The Congo Navigation Act lays down the following
principles : —
General and full liberty, that is to say, freedom on the
part of every nation and of every merchant vessel, loaded
or in ballast, carrying either passengers or cargo, between
the sea and the interior river-ports of the Congo, and
vice-versa, as well as for large and small lighters, barges
and small craft on this river. Equal liberty, allowing
of no difference of treatment between subjects and
foreigners, or between subjects of the river States and
those of States not bordering on the river, neither of
any exclusive privilege or monopoly of navigation, either
to companies or corporations or to individuals.
These principles are recognised by the Powers as a part
of international law.
The freedom of navigation on the Congo is unencum-
bered with any fetters or dues not expressly stipulated in
the Navigation Act. It is a freedom which knows
nothing of antiquated dues and vexatious rf gulations ; it is
unburdened by transit dues, regardless of the origin or
destination of the cargoes. No sea or river-port tolls are
THE CONGO NAVIGATION ACT 109
levied on account of navigation, and no tax is collected in
respect of the cargoes on board.
The Navigation Act admits but three kinds of taxes or
dues which all tend to compensate services rendered to
navigation. They are :
1 . Harbour dues, on certain local establishments, such
as wharves, warehouses, etc., if actually used.
The tariff of such dues shall be framed according to the
cost of constructing and maintaining the said local esta-
blishments ; and it will be applied without regard to whence
vessels come or what they are loaded with ;
2. Pilot dues for those stretches of the river where it
may be necessary to establish properly-qualified pilots.
The tariff of these dues shall be fixed and calculated in
proportion to the service rendered ;
3. Charges raised to cover technical and administrative
expenses incurred in the general interest of navigation,
including light-house, beacon, and buoy duties.
The last mentioned dues shall be based on the tonnage
of vessels as shown by the ship's papers, and in accordance
with the rules adopted on the Lower Danube.
The tariffs by which the various dues and taxes enume-
rated in the three preceding paragraphs shall be lieved,
shall not insolve any differential treatment, and shall be
officially published at each port :
1° The affluents of the Congo are in all respects subject
to the same rules as the river of which they are tributaries;
2° The same rules apply to the streams and rivers as
well as the lakes and canals in the territories comprised in
the eastern and western zones of extension of the Congo
basin; always provided that, for the eastern zone, the
1 1 0 THE NAVIGATION COMMISSION
•consent of the States controlling those districts be obtained,
and subject to the stipulation, made in respect to the
western zone by the French Government, that the regula-
tions applicable to the rivers emptying between Sette-Cama
and Log6 shall only affect free navigation by merchant
vessels, unless a different arrangement be arrived at later.
An understanding, as we know, was arrived at, but it
only applied to water-courses which were accessible
from outside, and which seriously affected international
navigation.
By clause 25 of the General Act, the provisions of the Na-
vigation Act are destined to remain in force in time of war.
When we later come to look into the question of railway
transport, we will explain the special situation of these
ways of communication.
3. — THE PROSPECT
OF AN INTERNATIONAL NAVIGATION COMMISSION.
Portugal's attempt at establishing a Joint Commission,
representing two Powers, to regulate navigation on the
Congo, although unsuccessful, led to the consideration
of an International Commission. Great Britain, while
not approving of the appointment of a similar Commission
for the Niger, looked favourably on a like proposal when
it related to the Congo. Germany and France considered
the latter as a decided improvement on the Anglo-
Portuguese Commission. And thus was the question of
an International Commission brought before the Berlin
Conference.
The precedent created by the Danube Commission was
THE NAVIGATION COMMISSION 111
approved by several Plenipotentiaries, although there was
some difference of opinion as to the analogy of the two
cases. The uncertainties surrounding the questions in
regard to the territories of the Congo estuary called for
very special consideration. As a matter of fact the
appointment of this special body, in many respects unique,
was provided for in the original Navigation Act, as a con-
tingency, and, in the words of the proposition, « subject
to any subsequent arrangements between the Governments
who have signed this Declaration and such Powers as
shall exercise rights of sovereignty in the territories in
question. » The discussion at the Conference bore espe-
cially on the organization and duties of the new body.
At the same time, its unusual character was not lost
sight of. The appointment of the Commission could not
be justified as a mere application of the Vienna regulations;
on the contrary, it was seen that the Commission rather
derogated from those rules. The preamble of the
Navigation Act was therefore amended with a view of
preventing any misapprehension ; for it seemed very clear
that the principles of international river rights were being
transgressed rather than obeyed.
Events served to show the precarious and impracticable
nature of such a body as the International Navigation
Commission, which, moreover, was only optional for the
Powers interested in the Berlin Act.
Even before the close of the Conference, the Commission
was stultified in respect of one of its duties. The Confe-
rence, as we saw, had formally declined to grant the
International Commission any power to supervise the exer-
cise of commercial freedom in districts under the authority
1 1 2 THE NAVIGATION COMMISSION
of any one of the Powers ; and this point is worth bearing in
mind. But, on the oilier hand, the Conference had reco-
gnised th3 right of the Commission to act in the matter
in regions uncontrolled by any of the Powers. Now, the
various treaties recognising the new State and the territorial
arrangements arrived at during the Conference, changed
the aspect of the situation to the extent of completely relie-
ving the Commission of any duties in the direction alluded to.
Apart from this, the principal duty of the Commission
was to decide upon and carry out the necessary work
to render the Congo navigable. The execution of the
work on those portions of the river uncontrolled by any of
the Powers was to be provided by the Commission; and,
in places governed by a sovereign Power, the Commission
was instructed to settle with that Power for the execution
of the necessary work. Thus, not only were the powers
of the Commission in this respect limited outside the river
tracts submitted to a Sovereignty, but the latter alone
decided on and carried out the necessary works before any
navigation commission could be appointed. That is to
say, the most essential and important duty of the Commis-
sion was fulfilled by the riverside authority.
The same thing occurred in drawing up the regula-
tions and tariffs, which were primarily intended to be
immediately prepared by the Commission under the advice
of the Powers^ and which wrere to be revised at the expi-
ration of a five years' trial. The Powers foresaw that the
time might arrive when, in the natural course of events,
the International Navigation Commission would lose its
very raison d'etre.
It is unnecessary to point out at any length the dim"-
THE NAVIGATION COMMISSION 113
cullies which were bound to interfere with the work of
a Commission which, being of an optional character,
would not have proved altogether satisfactory to the local
authorities. This the Powers clearly foresaw, and conse-
quently made the local sovereign ties responsible for carrying
out the necessary work for rendering the Congo navigable,
according to the exigencies of international commerce.
It is for the discharge of this duty that the Commission was
originally planned, and obviously the States could not
take it to themselves without compensation for the past and
a heavy burden for the future. And they apparently have
better uses for their money.
The reasons for distinguishing between the Niger and
the Congo — reasons which existed at the time of the Berlin
Conference — no longer exist. Referring to the Niger,
Sir Edward Malet, British plenipotentiary, pointed out
that : « The exploration of theriver has been the work of the
British Government, which has paid for it on different
occasions. » He stated that « the commerce owes its
development almost exclusively to British enterprise. »
At last he added that « the most important tribes, who
have for years been accustomed to look on the agents of
this country as their protectors and counsellors have now,
in consequence of their urgent and repeated appeals, been
placed formally under the protectorate of Great Britain. »
« Therefore, » he concluded, « a different application of
the principle of the Congress of Vienna is imperative;
the coast-line and lower- course of the river are sufficiently
under control for Her Majesty's Government to be able
to regulate the navigation, while binding themselves to the
principle of free navigation by a formal declaration. »
8
114 THE BERLIN ACT AND RAILWAYS
All these remarks are even more applicable to-day to the
riverside peoples of the Congo as well as to those of the
Niger. The difference in the « individual conditions of
each of those rivers, » cited with more or less reason in
order to apply a differential treatment, has now7 ceased
to exist.
IV.
The Berlin Act and Railways.
Freedom of railway traffic must not be mixed up with
freedom of navigation. One difference lies in ihis : the
former admits of a concession of the monopoly of trans-
port, while the latter excludes any such concession.
Railway monopolies have nothing in common with com-
mercial monopolies under the Berlin Act.
The idea of considering railways as continuations of
water-courses or as junctions between water-courses was
quite a new one, as was pointed out at the Berlin Confe-
rence. The Conference realized the necessity of providing
for the logical consequences of such an idea, and there-
fore it drew up special regulations which are worthy of
careful examination.
1. — LEGAL STATUS OF RAILWAYS, ACCORDING TO THE
BERLIN ACT, AND ESPECIALLY OF RAILWAYS CONSTRUCTED
TO SUPPLEMENT CONGO NAVIGATION.
The general legal standing of railways in the Congo, the
essential rights of the authorities as to their construction,
their concession, their running powers, their charges,
THE RAILWAYS llo
their position as public highways, their administrative and
judicial policy, are the same as those of railways in other
countries.
The Berlin Act, as regards railways destined to
provide transport where the Congo and the Niger become
unnavigable, made special provision in clauses 16 and 23
on the one hand, and 29 and 33 on the other — the only
clauses which are concerned with railways — for certain
details of these communications. After declaring that
these railways, as means of communication, are considered
as auxiliaries of the rivers, the Act dwells on the legal
consequences attaching to the introduction of Ihis new
idea, this conventional innovation in international relations.
The consequences are as follows :
1. The obligation of opening the railways to the traffic
of all nations (art. 16, § 1.), and the inviolability at all
times of the lines thus opened to the trade of all nations
(art. 2o, §1.).
2. The obligation to refrain from any excessive railway
rates, that is tho say, « not calculated on the cost of con-
struction, maintenance and management, and on the
profits due to the promoters. » The Berlin Act -states
but these general principles, its object being to give the
bases of calculation rather than a detailed solution of the
problem, since it does not draw up a schedule of rates with
respect to the nature of goods or the scale of the charges.
3. The obligation to observe, in fixing a tariff within
these broad limits, « equality of treatment for the strangers
and the subjects of the respective territories. »
Thus, equality is sure to be observed as regards the
tariff, both in the case of subjects and foreigners, and
i 1 6 RAILWAY RATES
especially so in business which may be called the sphere
of private activity, i. e. commerce. Tins also, the power
of the State to allow exclusive access to the railways,
to impose extra or unfair charges, is minimized. The
Berlin Act goes so far, but does not pass these limits.
Beyond this, it does not affect the sovereign prerogatives
of the State as regards its territory.
2. — THE RIGHTS OF THE STATE AS TO THE TARIFF. —
SYSTEMS OF REDUCTION. — SPECIAL RATES.
According to the usual right of the Powers in all that
regards railways, the State can order the establishment
of the same, can have them constructed, run them itself
and fix their tariff. It can also, if deemed preferable,
authorize a concessionaire to collect the charges on the con-
templated line, on condition that he shall undertake the
construction and maintain the established tariff.
The Berlin Act respects these fundamental rights.
It offers no opposition against whatever arrangements the
State makes with its concessionaire as regards a schedule of
rates with respect to the nature of goods or the scale of the
charges. It does not intrude upon the internal organization
of the rates, except so far as it circumscribes them within
the following limitations : 1) all are free to use the rail-
ways,—2) no distinction can be based on the nationality of
individuals, — 3) and no excessive rates are to be imposed.
Circumstances may render changes in the tariff advi-
sable, and the State may modify the rates periodically.
It may also exercise the right of ordering its concessionaire
to make certain modifications and reductions.
RAILWAY RATES 117
This was the course adopted by the Free State in rela-
tion to the Congo Railway in its initial estimates. It also
reserved the right of repurchase. This latter reservation,
however, it abandoned for a time by Act dated November
12, 1901, which also stipulated in what manner its
optional power of reducing rates was Jo be exercised.
That power it exercised by imposing a comprehensive
system of reduction, and without at the time commit-
ting itself to any declaration as to the specific classes of
goods on which the rates were to be cut down. It does
not concern strangers whether it be exercised in one act
or in two, and whether the concessionaire act by special
agreement with the State or under general powers. The
main consideration, from a legal point of view, is whether
the procedure followed for the attainment of the reduc-
tions aimed at is in accordance with the Berlin Act. In
the present case, the procedure certainly was in accor-
dance with the Act.
Since the scheme is merely a one of reductions, the talk
about excessive rates is altogether out of place. On the
other hand, the opening of the line to the general traffic,
and the equal treatment of foreigners and subjects have
nothing to do in the case.
The latitude which the State allows itself is quite as com-
prehensible from a practical point of view as from a legal one.
It is impossible to lay down a hard and fast rule, for
experience may show where certain tariffs are defective, and
special circumstances may necessitate special arrangements.
From a legal point of view, nothing can be said against
the State's reducing railway rates, inasmuch as it was
invested with the right of primarily drawing up those rates.
118 RAILWAY RATES
By the same Act of November 12, 1901, the State enjoys
certain special conditions of transport for carrying out
works of public utility. That right is quite legiti-
mate for the Government, and does not entitle private
citizens to demand its application for their own purposes.
The State could have enjoyed these advantages if it had
itself built and worked the line. The mere fact of a con-
cession by no means robs the State of all its rights in this
respect. These advantages are justified, for the State has
made real sacrifices in ceding of a part of its territory
and in abandoning the repurchase clauses. The advan-
tages accruing to the State do not in any way interfere
with the equal treatment of individuals stipulated for in
article 16, which says : « As regards the rate of these
tolls, foreigners and subjects of the respective territories
shall be treated on a footing of perfect equality. »
No distinction is made on account of nationalities; the
only difference made rests on a service of public utility,
regardless of nationality. Neither subjects nor foreigners can
say that their civil or commercial liberties are endangered.
There are certain authoritative interpretations of the
Berlin Act which confirm our view of the question. The
German Government, for example, considers no breach of
equality the exemption of all dues granted to a German
railway concessionaire. Below are two clauses of the
Imperial German decree, dated December 1, 1891, and
relating to the railway in German East Africa (Usambara
line).
« CLAUSE FIRST. — The Imperial Government shall grant to no
other contractor, either individual or corporation, the. right of
constructing or working a railway line joining the said localities
RAILWAY RATES 119
or liable to compete with the line ceded by the present decree
or any parts of same.
» CLAUSE 9. — The Imperial Government guarantees to the
German East African Railway Company, subject to compliance
with the prescribed formalities, an exemption from all taxes on
materials, engines, working tools and all other implements and
articles which may be imported into German East Africa for the
construction, repair, renewal and running of the railway. »
Although ihe use by foreign Governments of the railway
is not provided for, it may be assumed that for reasons
with which the Act is not concerned, a reciprocal spirit of
good will and harmony will suffice to induce one Govern-
ment to offer facilities of transport to another for the
various State services. And if these advantages, inas-
much as they only regard relations between Governments,
may, from a certain point of view, not appear as a
breach of equality between citizens, it must, however, be
conceded that, as a principle, States cannot be looked upon
in a foreign territory as public authorities — diplomatic and
similar privileges always excepted. Every foreign State
in this respect is legally on the same footing, the frontier
of another country being the limit of its sovereignty.
Within its own territory, the Government exercises quite
another set of functions— since it is there neither a foreigner
nor an individual, has special duties of public utility to
fulfil, and has sovereign rights recognised by the general
law of nations. It is idle to affirm that foreign Slates
may, in view of their own enterprises, be treated on the
same footing as the home Government. Such a course
would involve a confusion of foreign with national public
utility, since every Government is as little competent to
appreciate the former as it is competent to judge of the
120 RAILWAY RATES
latter. The rights of foreign Powers and those of the
home Government are not in this respect comparable,
inasmuch as they have altogether different objects.
In drawing up special tariffs with its concessionaire, it
may be asked whether the State can base these rates on
the actual working expenses, that is to say, with neither
profit nor loss for the concessionnaire. From an econo-
mic point of view, such a tariff is perfectly justifiable.
Transporting operations, per se, cannot be separated from
the transactions to which they are related. These transac-
tions must be considered in view of all the surrounding
circumstances. In negotiating transport operations, which
of themselves entail neither profit nor loss, a contractor is
quite justified in calculating on present or probable advan-
tages which may result from the whole of the operation ;
as for instance, the opening of new markets and the
renunciation to the right of immediate repurchase of the
concern. To forbid him to do this would be to spoil his
chances and deprive him in many cases of a part of the
profit to which he is justly entitled.
Neither can it be argued, in the case of a railway like
that of the Congo, that the contractor should require rates
superior to his actual expenses, in order to realize an
immediate profit. Clause 16 states « that there shall be
collected only tolls calculated on the cost of construction,
maintenance and management, and on the profits due to
the promoters. » To argue in the sense indicated would
be against the purport of the clause which aims at forbid-
ding excessive rates, but which in no way interferes with a
gradual realization of average profits by the contractors . To
arbitrarily forbid the contractor to make such profits would
GENERAL ECONOMIC REGIME 121
be to fly in the face of clause 16, inasmuch as it refers
to the profits dm to the contractor. It is equally fallacious
to imagine that because certain merchandise is carried
for a time without profit, the rates for certain other mer-
chandise must needs be increased. Any way, it would still
have to be shown that the Berlin Act forbids a proper
and reasonable equalization of contractors' charges. But
the Berlin Act does not meddle with such arrangements ; it
does not establish a detailed and proportional schedule of
rates. It only says that such charges must not be exces-
sive, that is to say, they must not exceed the comprehensive
amount of the necessary expenses and due profits. The
Act, moreover, fixes no maximum for such profits, neither
does it fix any maximum rates on produce. Its intentions
in this respect are shown by its refusal to define, even by
means of a maximum scale, the extent of compensatory
rates.
V.
General aspect of the economic Regime of the
Berlin Conference. — Basis of the arrangement.
The work of the Berlin Conference in regard to the
economic regime of the Congo basin has often been
misunderstood. The States having possessions in that
country are primarily interested in correcting such misap-
prehension, but the result is not indifferent for other
States. We have briefly indicated where the misun-
derstanding exists. The economic portion of the work of
the Conference deals principally with trade. States
122 GENERAL ECONOMIC REGIME
having no possessions in the Congo stipulate without any
appreciable reciprocity in favour of their subjects for cer-
tain advantages independent of common rights. The
Berlin Act, apart from a clause concerning the freedom
of import and transit dues, furnishes a triple guarantee
which, without any intended allusion to a celebrated motto,
may be formulated in these words : « Liberty, equality,
and moderate taxation. »
The freedom of trade, clearly defined with regard to the
persons interested, must always be subject to the limits of
national and international public order. Commercial
freedom tempers the colonial policy of States where it is
in force, in so far as it affects private rights in their rela-
tions to trade. It in no way abrogates the rights of the
colonial Power as regards the land regime, the State
domain and its management ; neither does it interfere with
the commercial transactions. of individuals.
Equality excludes all differential treatment of individuals
based on their nationality. It does not go beyond that.
It does not exclude differences unconnected with that
nationality. It does not interfere with the relations
between Governments and subjects, nor does it aim at
putting public authorities and private individuals on the
same level. The variations in taxation which the Slate
has the power to establish by way of compensatory rates
are exceptions which must be strictly interpreted.
The Berlin Act, in the second place, deals with the
question of navigation as closely related to that of trade.
And in this connection, we notice another triple gua-
rantee : freedom for all flags, an equality which excludes
all differential treatment between subjects and forei-
GENERAL ECON03IIC REGIME
gners, and moderate taxes according to certain conditions.
Further on, the Act considers various- means of commu-
nication destined to supplement the unnavigability of the
Congo. These means of communication include the
railways. Here again, there is a triple and proper gua-
rantee : freedom of transport operations, equality between
subjects and foreigners, and limitation of rates.
The exercise of the various branches of economic acti-
vity, other than trade, navigation and transport by certain
auxiliary means of communication, remains under the
common authority of each Power, the equality of treatment
of both subjects and foreigners being always guaranteed.
In the Berlin Act the Powers stipulated that the advan-
tages already referred to should be available for. their
respective subjects. As u principle, in matters of trans-
port industries and commerce in general, foreign Powers have
no inherent right to be treated otherwise than individuals.
The territorial authority in its own country is neither
a foreigner nor an individual ; as soon as it has fulfilled
its duty in respect to the maintenance of liberty, equality
and moderate taxation, it has accomplished the special
obligations of its political economy; for the remainder, one
may apply the maxim « sovereignty means liberty. »
If we probe to the bottom the arguments put forward by
certain commercial men in relation to the economic regime
of the Congo, we find that their desire is to secure all the
advantages, profits, guarantees and protection that may be
afforded them by the Government, but they refuse to reco-
gnise any of the elementary prerogatives of that Government,
or to support any consequences, arising from those prero-
gatives, which they may consider undesirable. In other
124 GENERAL ECONOMIC RECIME
words, they wish to act as if they were in a State governed
solely by commercial speculation, instead of by a sound
economic administration.
The Berlin Act declared that commerce, in its strict
and literal sense, should be free. From this, certain
theorists conclude that the soil can never be appropriated,
but should always remain open to haphazard enterprise, that
economic operations must of necessity be limited to the
gathering and exchange of produce, that the State cannot
organize a regular system of land tenure, that it cannot
carry on any trade or sell any portion of the land, that its
right to levy taxes is not only restricted, but in a large
measure suppressed, that the State cannot exact labour
prestations. If this were true, conditions of life in the
Congo would degenerate in to a sort of anarchy tempered
only by mercantile humanity. And we are asked to
believe that the prosperity of the colony and the natives
would follow the wiping-out of Government !
We do not for a moment deny the influence of trade in
helping civilization in barbarian countries. Trade trans-
actions on an extensive scale do a great deal towards
strengthening the common interests of civilized and bar-
barous peoples. They stimulate the natives and incite
them to self-improvement. Material influences are some-
times even necessary as adjuncts of religion itself in
order to help the latter to reach the natives. But private
trade, without let or hindrance, should never be allowed
to remain the sole bond between civilized and uncivilized,
for, unfortunately, it is not always, under these circum-
stances, a reliable means of civilization.
It is therefore gratifying to find that the Berlin Act
GENERAL ECONOMIC REGIME 125
did not leave Central Africa to the mercy of uncontrolled
commercial speculation. Neither the principle of com-
mercial freedom, as universally understood, nor its the
application by the Berlin Conference, allow us to accept
such arguments which arise from an evident misapprehen-
sion of facts. The error is twofold.
In the first place, there is a disregard of the limits of
individual freedom and of the relation of that freedom
to the colonial policy of a properly governed State.
In the second place, there is a disregard of the principle
that all limitations of the sovereignty of States in this
respect are exceptions, and must be strictly interpreted.
In the case under notice, such an interpretation is neces-
sary because the abandonment of certain prerogatives by
States possessing the Congo basin is not counterbalanced
by reciprocal sacrifices.
Perhaps the Berlin Conference may not have clearly
foreseen how rapidly administrations would develop in
the Congo basin. This assumption would explain the
vagueness of certain parts of the Act. As regards the
import duties for instance, the Conference, in view of the
fact that certain Governments considered order in the
Congo basin as more or less insecure, thought fit to
establish a margin of freedom which exceeded the rea-
sonable limits of commercial liberty. The premature
decay of this part of its work has been repeatedly empha-
sized Freedom of transit now alone remains. The prin-
ciple of commercial freedom has thus resumed its normal
proportions. As to transforming that principle into an
obstacle destined to prejudicially affect the fundamental
institutions of the State, the Berlin Act never did anything
126 GENERAL ECONOMIC REGIME
•of the kind; the mere fact that the Conference did not
foresee all ihe consequences of these institutions working
side by side with commercial interests is no justification
for rejecting them. The elementary rules of legal discus-
sion forbid a similar interpretation.
We must be careful not to misconstrue the remarkable
Avork of the Berlin Conference so as to make it boih unin-
telligible and impracticable. That work was bold, and,
perhaps, in some respects, even daring, but it was neither
absurd nor impossible. And those are the true supporters
of the Berlin Act who will bear in mind its proper aspect,
and give due weight to its role in the economic world.
Leaving the legal, and coming to the practical aspect of
the question, the opponents of the most incontestable
rights of the State have pointed out how the recognition
and development of the State's vast domains may restrict
the sphere of commercial freedom. The same argument,
however, applies to the property ceded to companies and
individuals. In this latter respect the legitimate exercise
-of the essential rights of property and of use may lead to
the same results as in the former case. But that does not
prove that the measures adopted are, in either case, unjus-
tifiable. It merely shows that a given modus ordinandi
adopted by the State, may be quite in keeping and even
praiseworthy. On legal grounds, the legitimate exercise
of the sovereign prerogatives cannot be contested. And,
as a matter of fact, arrangements can be adapted to cir-
cumstances. Of course, one can imagine situations where
the unlimited exercise of sovereign prerogatives may impair
commercial freedom. But these extreme possibilities do
not justify one in refusing to recognise a proper exercise
GENERAL ECONOMIC HEGIME 127
of legitimate prerogatives, in conformity with the eco-
nomic situation and the real public needs.
As we have already pointed out, the harmony of private
rights with the essential rights of the authorities must be
properly organized in such cases, the said authorities being
the proper regulators and judges of such harmony.
Besides, it must not be forgotten that any income arising
out of the development of State properly goes to lessen the
burden of public taxation. And, it is but right that this
income should be finally devoted to the relief of the
taxpayers, as in the case of certain well known local
administrations in Europe. There can be no harm in
a government creating, as it were, a sinking fund which
shall, little by little, diminish the taxation of the people.
As a matter of fact, such action is a sine qua non of any
endeavour to reduce taxation, or even of any attempt to
keep it stationary. And an examination of certain colo-
nial budgets will convince us that the setting aside of
profits arising out of the development of a country can only
tend to lighten the taxation, not only of traders but of the
whole body of subjects.
CHAPTER II.
The Brussels Conference and the Fight
against Arab slave-dealers.
1. — THE WESTERN AND COLONIAL SLAVE-TRADE.
The slave-trade, as carried on by Christian nations,
dates from the sixteenth century. Statistics relating
to the known elements of the Western slave-trade — which
went on until the nineteenth century — give the num-
ber of African slaves imported into America as sixteen
million. This is exclusive of twenty million who died on
board the slave-dhows which have been rightly said to
offer « the greatest amount of crimes in the smallest
space. » As for the number of blacks killed by slave-
raiders, and judging by the proceedings of man hunters in
general, they must be numbered by hundreds of millions.
Such are roughly the proportions of the dark tombs of the
colonial slave-trade.
And the negro question is still a difficult problem in
the United States. This difficulty shows that the regene-
ration of inferior races must above all be gradually attempted
and on their native soil.
It is hardly necessary here to recall the horrible nature
THE WESTERN SLAVE-TRADE \ 29
of the contracts sanctioned for centuries by European
Governments in this respect. Even the official documents
referred to these human cargoes as so many « tons of
niggers » as callously as we now refer to tons of coal. It
is in the light of such facts that one should read the cele-
brated passage in Montesquieu's Esprit des lots where
European monarchs are urged to form a « society for the
advancement of mercy and pity (1). »
At the instance of Great Britain, where the cause
of humanity, so brilliantly championed by men like Gran-
ville Sharp, Clarkson, Wilberforce and "SYilliam Pitt, had,
in 1807 finally triumphed after twenty years' labour and
seven defeats, the Vienna Congress of 1815 and the Verona
Congress of 1822 forbade any civilized nation to carry on
the slave-trade. Since then, guided by the same perseve-
ring action of the British Government, the liberation move-
ment spread in two directions. On the one hand, it aimed
at the gradual abolition of the legal status of slavery, and
on the other, it tended to immediately suppress slave-mar-
kets and slave-dhows.
The results were in many respects remarkable. In 1888,
the abolition of slavery in Brazil marked the last epoch in
the emancipation movement in the Christian world, leaving
out of the question newly-civilized countries and Oriental
States where various forms of servitude, principally the
domestic one, still exist.
Again, the careful watching for slave-dhows, by virtue
of the treaties of December 20, 1841, resulted in the
Ocean being practically cleared of them.
(1) Livre XX, chap. v.
130 THE ORIENTAL SLAVE-TRADE
2. — THE ORIENTAL SLAVE-TRADE.
It was believed that the closing of the American slave
markets and the action of the cruisers would prove a deci-
sive check to the infamous traffic. But the scourge con-
tinued to the largest extent. Driven out of the west, it
took refuge in the east where vast markets still remained
open. The northern and eastern coasts of Africa continued
to furnish a huge business, while the interior of the Conti-
nent was still an enormous man-hunting ground, a big
store for human merchandise.
Three vast regions bordering on each other and forming
more than a third of Africa, and equal to a greater surface
than the whole of Europe — the Soudan, the Upper-Nile
and the basins of the Congo and the Great Lakes — were the
favourite scene of action of the slave hunters. The chiefs or
sultans of the independent states in the Soudan, in order
to supply the market in men, pushed their bloodthirsty
enterprises further and further. The Khartoum slavers
raided the Bahr-el-Gazal country. The Arabs and the
Metis of Zanzibar devastated the Manyema and Tanga-
nika districts. And from various points on the western
coast itself expeditions set out to ravage the regions of the
Upper Kassai. In fact, enormous tracts of the Continent
still remained open to the horrible traffic. « All over
Africa, » wrote Schweinfurth, « dried human skeletons show
that the slave-trader has passed (1). » « Africa is losing
its blood at every pore, (2)» said Cameron a few years later. »
(1) lm Herzen von Afrika (French Translation by Lorcan I., pp. 62 ss.).
(2) Acrois Africa, pp. 148 ss.
THE SLAVE-TRADE IN CENTRAL AFRICA 131
3. — THE STRUGGLE AGAINST THE SLAVE-TRADE
IX CENTRAL AFRICA. — THE BERLIN ACT.
In 1876, ten years before the Berlin Conference, and
in Ihe year in which the British Government published its
celebrated Report of the Royal Commission on Fugitive
Slaves, the King of the Belgians, as we have seen, called
upon all right-minded men to help stop the horrible traffic,
which, he said, « put the present age to shame. »
Evidence of the extent and severity of the scourge accu-
mulated with as much force as unanimity. And what terribly
true tales were told by Livingstone and Stanley, John Kirk
and Bartle Frere, Nachtigal and Wissmann, Serpa Pinto,
Massaia, Lavigerie and a score of others. Nobody was
surprised when Prince Bismarck, in his inaugural speech
at the Berlin Conference of 1885, reminded the Powers of
their sacred and already acknowledged duty, and proclaimed
the necessity of taking another step in the direction of the
« suppression of slavery, and especially of the black trade. »
Clauses 6 and 9 of the Berlin General Act confirmed
these words and gave an ampler and more precise official
sanction to the declarations of Vienna and Verona.
By clause 6, the Powers agreed « to watch over the
preservation of the native tribes, and to care for the
improvement of the conditions of their moral and material
well-being, and to help in suppressing slavery and
especially the slave-trade. »
Clause 9, after associating with the slave-trade any
action on land or sea tending to supply slaves for the
market, went on to declare that the territories mentioned
132 THE SLAVE-TRADE IN CENTRAL AFRICA
in the Berlin Act could not be used either as markets or
ways of communication for the slave-trade; and added that
the Signatory Powers undertook to employ all the means
at their disposal « for putting an end to this trade and
for punishing those vho engage in it. »
The distinction between slavery and the slave-trade was
clearly stated in the course of the transactions of the Confe-
rence. After referring to slavery in the terms which we
have mentioned, Baron Lambermont added : « The slave-
trade has another character; it is the very denial of every
law, of all social order. Man-hunting constitutes a crime
of high treason against humanity. It ought to be repressed
wherever it can be reached, on land as well as by
sea. »
The British Government would have liked to go further
than was stipulated by clauses 6 and 9 of the Berlin Act.
« The Conference, » said the British Plenipotentiary,
« should draw up a separate convention, applicable
throughout the world, and destined to form a complement
of the international law on this subject. » But this sug-
gestion evidently appeared to exceed the already wide
limits of the original programme. The Conference, through
its secretary, even recognised that the sphere of action
of the local authorities must of necessity be limited for
a certain time. This led it to make an appeal « to
generous and civilizing enterprise. »
THE FREE STATE AND THE SLAVE-TRADE 133
4. - THE PROBLEM OF THE SUPPRESSION
OF SLAVE-TRADE AFTER THE BERLIN CONFERENCE.
Two tilings were absolutely necessary if the resolutions
of the Powers were to have any practical value : the deve-
lopment of the new occupations on the east coast and in
the interior of Africa, and the drawing up of regulations
calculated in proportion to that development.
The remarkable political distribution of Africa, made in
the spirit of peace and good feeling shown by the Confe-
rence, quickly supplied the first factor; the second was
naturally dependent on the action of the local authorities.
The Free Stale wras one of the first countries to feel the
effect of the resolutions of the Conference. Its Sovereign
had taken the initiative in making the suppression of the
slave-traffic an essential element of the civilization of
Africa. The State itself touched closely upon numbers
of slave dealing countries. A significant example of its
activity in this respect is to be found in the issue of the
Bulletin officiel de I'Etat independant du Congo, for
November, 1888, which alone contains three important
decrees aiming at the suppression of slave-trade and
protection of the natives.
The first decree forbids trade in fire-arms, gunpowder
and other explosives. This reminds us of the suggestive
remark (quoted in our Les Grandes Initiatives dans la
lutte contre I'esclavage) of a slave-Chief, who when asked
how he penetrated to the heart of Africa, replied :
« With powder. »
The second decree is of considerable importance in
134 THE FREE STATE AND THE SLAVE-TRADE
regard to the protection and improvement of the native
races. It deals with contracts of service between natives
and non-natives. It affords the former special and alto-
gether humane protection, and lays down the practical lines
on which such protection is to be guaranteed.
The third decree, regarding the exercise of a directly
coercive effect on the slave-trade, concerns the formation
of volunteer corps, which, according to clause 5 of the
decree, are empowered to suppress crimes and offences
against public order or individual liberty. For any
aggressive action, however, the consent of the Sovereign's
delegate is necessary. And, let it be remarked, these regu-
lations did not remain a dead letter. About the same time
the Belgian Anti -Slavery Society organised a special volun-
teer corps for work in the Tanganika country. Three
successive expeditions were organized by the Society, aided
by the Government who evidently bore in mind the recom-
mendation of the Berlin Act to encourage and support
« every generous and civilizing enterprise. »
It must, moreover, be admitted that European Govern-
ments in general, while being unable to complete their
work of civilization immediately they annex a territory,
nevertheless keep in view the highest humanitarian inte-
rests and, step by step, do their utmost to improve the
general condition of the people. And here we have a con-
trast. In the eighteenth century, the nations of Europe
partitioned out the coast of Africa in order to carry on
commercial transactions. The French were to operate
between Senegal and Gambia, the Britisli on the Gold and
Ivory Coasts, the Portuguese in the Angola and Benguela
countries. And what was the object of this distribution ?
THE ANTI-SLAVERY MOVEMENT 13u
To facilitate the slave-trade and render it more profitable.
In the nineteenth century, the European Governments again
partitioned out, it but this time on different lines. The
abolition of the slave-trade now became one of their chief
concerns, and they showed that they meant to accomplish
it. It is gratifying to note this important step in the
march onward of humanity.
5. — THE ANTI-SLAVERY MOVEMENT. — ITS ORIGIN
AND CHARACTER.
It would, however, be idle to affirm that the great anti-
slavery movement was a ready-made piece of diplomacy.
The resolute attitude of the Governments in regard to
the trade was rather the outcome of a remarkable mani-
festation of public opinion. A great wave of pity and
humanity passed over the old wrorld and found an echo in
most minds and hears. And the Governments did well to
recognise and lake advantage of the opportunities offered
by this current of public opinion.
Religion, establishing the universal brotherhood of
man an the fatherhood of God, played its part in the
revival. Every religious sect, every Christian influence
joined issue with every form of humane sentiment, thus
showing that at times all the elements of civilization unite
in defending the rights and common interests of the human
race.
The Head of the Catholic Church, in his famous ency-
clical to the bishops of Brazil, dated May 5, 1888, after
making a joyful reference to the fact that a whole Empire
of the New World had been cleared of slavery, pointed out
136 THE ANTI-SLAVERY MOVEMENT
the lamentable condition of Africa in this respect.
Leo XIII. re-echoed the cry of alarm raised by Leopold II.
in 1876. His Holiness condemned the « base trade in
human beings carried on in the most barbarous fashion ; »
he pictured the sufferings of the numerous victims, and
called upon all « those who wield power, those who sway
empires, those who desire that the rights of nature and
humanity be respected, and those who desire the progress
of religion, to unite everywhere towards the abolition of
this most shameful and most criminal traffic. »
A few days after the publication of the document referred
to, a memorable scene was witnessed in Rome. For the
first time in the course of ages, the Christian negroes of
Central Africa, were introduced to the Pope by Cardinal
Lavigerie. The account which Leo XIII. had just given
to the world was their history. They had been dragged,
with the yoke on their neck and along roads strewn with
the bones of their dead brethren, to the markets of human
flesh. And now they stood side by side with their deli-
verers, the missionaries of Africa, their ebony skins stan-
ding out in sharp relief against the white clothes of the
latter. And the « Apostle of the blacks, » remembering
the great events of Christianity, recalled St. Paul's epistle
to Philemon recommending the latter to receive the slave
Onesimus, not as a slave but as the dearest of brethren.
Leo XIII., looking pale in his priestly vestments and his eyes
flashing with a kind but energetic light, said in his turn :
a You have truly spoken, Cardinal : since We have
been Pope, Our regards have turned towards that disin-
herited land. Our heart has been touched at the thought
of the enormous amount of physical and moral misery
THE ANTI-SLAVERY MOVEMENT 137
that exists there. We have repeatedly urged all those
who have power in their hands to put a stop to the hideous
traffic called the slave-trade, and to use all and every means
to secure that end. And, inasmuch as the African Con-
tinent is the principal scene of this traffic and, as it were,
the home of slavery, We recommend all missionaries
who there preach the Holy Gospel to devote their whole
efforts, their whole life, to this sublime work of redemp-
tion. But it is upon you, Cardinal, that We count espe-
cially for success. »
Cardinal Lavigerie did not fail to fulfil the mission thus
entrusted to him. He had promised to report what he
knew of the nameless crimes which desolated the interior of
Africa and to utter a cry, a powerful cry which should stir
to the soul every one worthy of the name of man and of
Christian. He kept his promise. The first response to
his appeal came from Belgium where an Anti-Slavery
Society was rapidly constituted. This was followed by the
formation of similar societies in France, Germany, Austria,
Switzerland, Italy, Spain, Portugal and elsewhere. Another
response, of no little encouragement, came from the British
and Foreign Anti-Slavery Society, which had been at work
lor a long time already, and which was destined to
take new and remarkable departures in the near future.
Leo XIII. had called upon the nations to defend the
dignity of human nature on behalf of their numerous black
brethren. Such a task was naturally open to every man
of good will. The action of the Church of Rome in the
matter no more affected a sectarian character than did
Livingstone's, when he uttered the celebrated words which
Britain wrote on his grave : « All I can say in my solitude
-
138 THE ANGLO-GERMAN AGREEMENT
is, may Heaven's rich blessing come down on every one —
American, English, Turk — who will help to heal this open
sore of the world. » (Personal Life of Livingstone.
W. S. Blackie, London, 1880.)
6. -- THE AGREEMENT BETWEEN GERMANY AND GREAT
BRITAIN. — GREAT MEETINGS IN GERMANY AND IN
ENGLAND.
On the broad basis of the anti-slavery question, all right-
minded men, all nations, every Government, could and
did join issue.
The Arab insurrection on the east coast accentuated the
need for energetic action, not only on humanitarian but
also on political grounds. There is no doubt that the
slave-traders had purposely brought about the insurrec-
tion. Realizing that they were too weak to resist alone
the efforts of Europe, whom they knew to be resolutely
determined on putting down ihe slave-trade, they fancied
they could compensate for their own want of strength by
inciting certain tribes in the German protectorate to revolt.
The signal for the rising was given from the banks of Lake
Nyassa at the instance of Zanzibar. The momentary check
suffered by the Germans on the east coast determined Ger-
may on taking more energetic action against the slave-
traders.
The first great German anti-slavery convention, held at
Cologne on October 27, 1888, was a memorable meeting.
The enormous Gurzenich Hall was filled with a represen-
tative crowd. The presence of numerous ladies showed
that the question was a burning one and that it found
THE AXGLO-GhRMAN AGREEMENT 139
a ready echo in family life. On the platform were the
leading State officials of the Rhenish Provinces, members
of the German Legislatures, and the highest dignitaries of
various religious sects. Commerce and industry were
represented by their respective notabilities. Was it
a patriotic sentiment which caused so many people of
such varied opinions to meet with one common accord?
Not patriotism alone. That sentiment was joined to an-
other which elevated and purified, without lessening it,
the sentiment of humanity. These men were all aiming
at one object, which, in spite of the shadows and difficul-
ties of the present, appeared to them as a bright vision
dominating the future : the rescue of the African races,
the civilization of a Continent.
When the president of the meeting rose there was com-
plete silence. The rights of Germany, said General-
staatsanwalt Hamm, have grown with her power; her
duties have increased in the same proportion. If the
German flag flies in Africa, if African coasts have become
an extension of the Fatherland, it should be for the growth
and honour of civilization. That is the primary moral and
legal justification for the occupation of a new Continent by
European nations. The time of generous initiatives has
come. The German nation must answer the call of duty
and of its interests. It must answer that call with the
determination born of a unity, publicly proclaimed and
solemnly confirmed, which inspires every citizen with
the same desire. It must answer that call in unison with
every other civilized nation.
These sturdy, patriotic words were enthusiastically
applauded. A similar reception awaited Wissmann, the
140 THE ANGLO-GERMAN AGREEMENT
brave explorer, and the oilier speakers who followed him.
The meeting, after kindly welcoming the present writer,
who profited in no small measure by the excitement of the
hour, unanimously adopted the following resolutions which
were at once sent to the Chancellor of the Empire and
to the Reichstag :
« 1. — The suppression of slave-hunting with its attendant
horrors, devolves upon Christian States and constitutes the pri-
mary condition of the abolition of the slave-trade.
» 2. — While the Congo Conference obliges all the Signatory
Powers to help in the suppression of slavery and the improve-
ment of the lot of the natives, at the same lime the Congo State,
Portugal, Great Britain and Germany, as being directly threa-
tened by Arab slave-traders, are expected to take the initiative
in, and to bring to a successful issue, the struggle against the
slave-trade.
» 3. — The meeting expresses the conviction that the honour
of the German flag and German interests, which have been
violated by Arab slave-traders in East Africa, will be avenged
by the Imperial Government.
» 4. — It also expresses the hope that the Reichstag will
support these resolutions, as a proof of the perfect agreement
of the German nation without distinction of party or creed. »
In replying to Generalstaatsanwalt Hamm on Novem-
ber 6, Prince Bismarck stated that the German Govern-
ment would do its utmost to bring about an understanding
between the Powers interested for the passing of measures
against the slave-trade, and that he was negotiating in this
direction with the British Government.
On November 13, the Deutsches Reichs Anzeiger
published an announcement to the effect that in view of
the growing hostility of Arab slave-traders, an understan-
ding had been arrived at between the Cabinets of Berlin,
THE BRUSSELS CONFERENCE 141
London and Lisbon, especially in regard to coercive
measures on the east coast of Africa.
In opening the Reichstag in November, 1888, the
Kaiser spoke strongly on the subject; and on December 14,
1888, the Reichstag adhered by a vote of sympathy.
In England, at the meeting held in London on
July 31, 1888, under the presidency of Lord Granville,
formerly Foreign Secretary, the following resolution was
passed, on the motion of Cardinal Manning : —
« The time has now fully arrived when the several nations of
Europe who, at the Congress of Vienna, in 1815, and again at
the Conference of Verona, in 1822, issued a series of resolutions
strongly denouncing the slave-trade, should take the needful
steps for giving them a full and practical effect. And, inasmuch
as Ike Arab marauders (whose murderous devastations are now
depopulating Africa) are subject to no law, and under no respon-
sible rule, it devolves on the Powers of Europe to secure their
suppression throughout all territories over which they have any
control. This meeting would, therefore, urge upon Her Majesty's
Government, in concert with those Powers who now claim either
territorial possession or territorial influence in Africa, to adopt
such measures as shall secure the extinction of the devastating
slave-trade which is now carried on by those enemies of the
human race (1). »
7. — GREAT BRITAIN'S APPEAL TO BELGIUM. —
THE BRUSSELS CONFERENCE.
On September 17, 1888, the British Government,
resolved on bringing about a Conference of the Powers,
appealed to Belgium and, paying a tribute to the initia-
(1) Times, August 1, 1888.
142 THE BRUSSELS CONFERENCE
live taken by King Leopold II. in the matter, invited
the Belgian Government to take the preliminary steps.
« The change which has occurred in the political condition of
the African Coast, » said the British Minister to the Belgian
Court, « to-day calls for common action on the part of the
Powers responsible for the control of that Coast. That action
should tend to close all foreign slave-markets and should also
result in putting down slave hunting in the interior.
» The great work undertaken by the King of the Belgians, in
the constitution of the Congo State, and the lively interest taken
by His Majesty in all questions affecting the welfare of the African
races, lead Her Majesty's Government to hope that Belgium will
be disposed to take the initiative in inviting the Powers to meet
in Conference at Brussels, in order to consider the best means
of attaining the gradual suppression of the slave-trade on the
Continent of Africa and the immediate closing of all the outside
markets which the slave-trade daily continues to supply. »
It was under these circumstances that Belgium was
induced to call a Conference of the Powers, on Novem-
ber 18, 1889, to decide on a course of action calculated to
« put an end to the crimes and devastation wrought by the
African slave-trade and effectively to protect the native popu-
lations of Africa. »
We are not at present concerned with an analysis of the
international work as set forth in a hundred clauses drawn
up by the Conference. We need only note that the Brussels
General Act attacks ihe slave-trade in the stronghold of the
man-hunters, follows it on the caravan routes, on the coast,
by sea, where the action of the cruisers is called in, and
finally to the countries of destination, the great Oriental
slave-markets. At eacli of these stages, the Act prescribes
repressive, protective and liberating measures, in accor-
THE BRUSSELS CONFERENCE 143
dance whith the end in view. The various Governments
are appealed to with a view of effective and uniform penal
laws being passed. The regulation or restriction of the
trade in spirits and fire arms are also provided for, perma-
nent institutions are appointed in Europe and Africa to help
carrying out the provisions of the Act, and financial
measures were agreed upon to facilitate the new task.
With regard to the extent of the undertakings given by the
Powers, we must consult the report on clauses 1 and 3 of
the General Act of the Conference: A comparison should
also be made between the original and the amended text
of clause 3, inasmuch as this comparison will show how
the Powers, chiefly by the initiative of France and Eng-
land, provided against any conflict of interest and how
they safeguarded their independence.
In the course of the debate preceding the confirmation
of the Brussels Act by the French Parliament, somewhat
annoyed by the clauses concerning the right of visit, one of
the speakers made a paradoxical remark which has since
been readily appropriated by certain people for their own
ends. He said : a The Conference was only held to
arrive at this practical result : the suppression of commercial
freedom in the Congo. » This observation showed an abso-
lute disregard of the origin and purport of the work accom-
plished by the Brussels Conference, and history gives the
lie to the speaker. What is true, and what may be admit-
ted without altering the character of the work performed by
the Conference, is that, following on the loyal declaration of
the Congo Free State concerning the necessary relation
between the fresh obligations to be incurred by it and the
resources indispensable to meet those obligations, the
144 NEW HONOURS FOR THE FREE STATE
Conference modified, before the mutually stipulated time,
a regulation to which the Berlin Act had given an experi-
mental and temporary character : the absolute prohibition
of import dues.
In place of this absolute prohibition was substituted—
with the immediate consent of all the Powers except one,
which finally also gave its assent — the permission to levy
moderate import duties, exclusive of any differential
regime. These duties were to be uniform throughout
the Congo and could not exceed a maximum of ten per cent
of the value of the imported goods. These duties could
not interfere with commercial development in the Congo,
any more than similar duties do elsewhere. Moreover,
they provided the Government with a source of revenue
\vliich it could not fairly expect to derive from direct taxa-
tion or interior dues on articles of consumption, nor
from any other source than that of the customs, which
are, after all, the principal means of revenue in most
colonies during the primary phases of their evolution.
8. — A NEW HOMMAGE BY THE POWERS
TO THE CONGO STATE.
It is not without interest here to recall some of the
authoritative opinions expressed at meeting of the Confe-
rence on May 10, 1890.
Lord Vivian, the British Minister, was the first to sup-
port the proposition which had just been made by the
President. His Lordship said : —
« As to the question whether this modification is opportune,
the fact must not be lost sight of that the Berlin Conference
NEW HONOURS FOR THE FREE STATE 145
never intended to fix unalterably the eco'nomic system of the
Free State, which, as was already then foreseen, would undergo
radical modifications under the influence of progress, nor of
establishing for an indefinite period regulations which may
hinder, check, and even arrest its development. Provision was
wisely made for the probability of future changes, which would
require a certain latitude in economic matters in order to secure
their easy realization...
» The moment has now come when the marvellous progress
made by the infant State is creating fresh needs, when it would
be only in accordance with wisdom and foresight to revise an
economic system primarily adapted to a creative and transi-
tional period.
» Can we blame the infant State for a progress which, in its
rapidity, has surpassed the most optimistic forecasts? Can we
hinder anl arrest this progress in refusing her the means neces-
sary for her development ? Can we condemn the Sovereign who
has already made such great sacrifices to support for an indefinite
period a burden which daily becomes heavier, and at the same
time impose upon him new and heavy expenses necessitated by
the suppression of the slave-trade?
» We are convinced that there will be but one answer to these
questions. »
Immediately after Lord Vivian, Count von Alvensleben,
the German Minister, expressed himself as follows : —
« The Imperial Government will be glad to have such an
opportunity of showing its sentiments of sympathy for the Congo
Free State, which, under the wise direction of its August Sove-
reign, has given such striking proofs of vitality.
» The German Government will willingly lend its help to
placing the Congo Free State in a position to dispose of the
means which may seem necessary to assist its development and
to enable it to continue its valuable services to the cause of civi-
lization and humanity.»
The official representatives of Italy, Portugal, Austria-
10
146 NEW HONOURS FOR THE FREE STATE
Hungary, France, Russia, Denmark, Spain, Sweden and
Norway spoke in similar terms ; and the Dutch Govern-
ment, although its point of view was a different one, was
good enough to recall through Baron Gericke d'Herwijnen
« the well merited homage it had rendered to the work of
the King of Belgians from its very commencement. »
The manifestation of opinion was so striking that the
President of the Conference, in thanking the Powers,
said :
« The King will find in the homage now rendered him the
highest reward of his toil and sacrifices, which will at once
be a great encouragement and a source of legitimate pride (1). »
The questions of procedure and means of execution,
which were discussed later, and which were all satisfac-
torily settled after some objections had been disposed of,
received a solution which confirmed the foregoing remarks.
They condenm, we think, the purely retrospective criti-
cisms which still occasionally appear.
It is not only in the case of the Congo Free State that
the need has been felt of special resources in order to
carry out the necessary improvement of the country. In
the Documents ine'dits ou complementaires communiques
par des plenipotentiaires a la Conference de Brnxelles, we
find the following declaration from the Imperial German
Government : — « The Arabs, who may be regarded as
the man-hunting gang, are already weakened by the
measures adopted. Recent events in the German posses-
sions on the east coast, will both destroy the Arab prestige
(1) Actes de la Conference de Dnucelles, 1889-1890, p. 246 and seq.
THE CONGO AND THE SLAVE-DEALERS 147
and increase our influence in ihe interior. . . The abolition
of the abominable trade in human flesh will be accom-
plished, provided the necessary means are forthcoming (i).»
9.— PUTTING THE BRUSSELS CONVENTION IN FORCE. -
THE NECESSARY FIGHT AGAINST SLAVE-TRADERS.
The Congo Free State has been blamed not only because
it asked for the means of carrying out the wishes of the
Powers, but also because it duly employed those means
for the attainment of the recognised object. The Congo
State was not itself in a position to find all the necessary
resources, and it was, at the same time, in the best
position for performing the required work.
The carrying out of the provisions of the Brussels Act
was bound to bring the Congo State into conflict with
the Arab slave-traders. The position taken up by the
latter in regard to Germany on the East Coast sufficiently
showed that they would not submit without a sharp
struggle.
We know how the armed bands under Arab slave-
traders or Zanzibar-Metis conducted their operations in
the interior. Their proceedings have been described by
numerous explorers. The whole of the evidence on this
subject— of incontestable reliability and including the
reports of travellers, missionaries, diplomatic and consu-
lar agents, naval officers, all dealing with the history of
the half-century prior to the Brussels Conference,— was
(i) La Traite des esclaves en Afriqite. Renteignements et documents
recueillis pour la Conference de Brturelles. Supplement. Report of Major
Wissmann, p. 264.
148 THE CONGO AND THE SLAVE-DEALEKS
collected by the Belgian Government and placed before the
Conference under the title of : La trade, des enclaves en
Afrique. Renseignements et documents rccueillis pour la
Conference de Bruxelles (1840-1890). The revelations
therein contained are of the most fearful nature. Memories
are short nowadays, but the impression produced on the minds
of contemporaries by the perusal of these terrible accounts
of the horrors brought about by the slave-trade will never
be effaced. There are no extenuating circumstances ; no
excuse or defence of such barbarians should be attempted.
To include the Arabs as a whole in a general reproba-
tion is out of the question. Neither shall we condemn a
race as such, nor bring the Khoran into the case. There
are millions of Arabs with whom European Governments
can and do maintain business and political relations,
provided the former keep the peace, and the latter respect
religions freedom.
Religious fanaticism has produced enough evils in Africa
nnd elsewhere, without charging it with every crime,
liut it was not responsible for the fury of the slave-
traders in the Congo. The desire to procure, by all
and every means, a fortune in slaves and ivory,
together with the elements of enjoyment and power
involved in such a fortune, and the bait of enormous gain
realized by means of unbridled licence, were the chief, if
not the only, motives of so many devastating and blood
thirsty expeditions. The Arab and other slave-traders
who had too long raided the African Continent were, as
Livingstone remarked, freebooters and outlaws of society.
They were, in the words onVissmann, the scourge of Africa.
Serpa Pinto said of them : « Such beings cannot dishonour
THE STRUGGLE AGAINST THE ARABS 149
their country, for they no longer have one (1). » Their
extermination was necessary and the wiping-out of the
slave-trader from the records of African history is an
event of which humanity may well be proud.
10. - THE CAMPAIGN AGAINST THE ARAB MAN-HUNTERS AND
SLAVE-DEALERS. — THE DOWNFALL OF ARAB POWER IN
THE CONGO.
Accustomed to the widest licence in their depredations
and carnage, the Arab slave-traders looked with appre-
hension on the formation and progress of the new State,
which had risen up in the very heart of their hunting-ground.
When they saw that Europe and the Congo State firmly
meant to suppress the infamous traffic with all its accom-
panying horrors, they became defiant rather than submis-
sive, and barbarism seemed to challenge civilization. At
the same time their Chiefs united, united to brave all law,
and to establish an imperium in imperio, or, rather contra
imperium. Under these circumstances, it was not only
the duty of humanity towards the African races, but the
duly of self-preservation which dictated the action of the
State. The collision was inevitable. The aggressiveness
of the slave-traders in the State helped to hasten it.
Surprised at first by the violence and daring of the
insurrectionists who captured the Falls station at a single
blow, the State was led to adopt a policy of necessary
caution and careful providence. Therefore, the allegiance
of the wealthiest and richest of the Arab Chiefs, Tippoo-
(1) Comment j'aitravertt VAfrique, French translation, p. 80.
150 THE STRUGGLE AGAINST THE ARABS
Tip, who had not participated in this latest raid, was
enlisted to help in the suppression of the Arab rising,
and thus to afford the unfortunate natives some respite
and to gain time to prepare for the decisive struggle.
The struggle was not delayed. It was severe and
obstinate on the part of the slave-traders. It was brave
and admirable on the part of the men chosen by the State
to carry it on. It resulted in llie annihilation of the power
of the slave-traders. This happened towards the end of
August, 1893. The crucial test had been successfully
passed. The State had, of course, still to deal with
risings of a more or less serious character, but the final
result was no longer doubtful. One is afraid to think
what would have been the consequences for the future
of Africa, if a new Mohammedan Power, with its disdain
of the native races and its hatred of European autho-
rity, had triumphed in that critical struggle. That is why
the definite fall of Arab sway in the Congo may be classed
among the salient events of the nineteenth century.
The slave-traders crushed, the State reaped the fruits of
its victory in the pacification of large tracts of country
formerly infested by those hordes and in the development of
a legitimate trade based on the natural resources of the
country. And, as a matter of fact, it was astonishing
to see how, in spite of difficulties, the people began
to prosper, and how the emancipated region took the
useful and honourable place due to it as part of the
State.
RESULTS OF THE VICTORY 151
11. — RESULTS OF THE VICTORY.
Certain critics, who will admit of no excuse for the
least act of insubordination or excess committed by any
servant of the Congo Free State, are prone to pity the unfor-
tunate Arabs exterminated by the Congolese soldiery.
Laying stress upon certain tranformations effected amid
their purely barbaric surroundings by certain Potentates of
Central Africa, a milder treatment is claimed for them
for the sake of economic progress. But the fact that
powerful Arab Chiefs have treated certain African races
races with relative leniency in order to ensure their
cooperation in their criminal raids, and the fact that they
have even opened up new commercial markets, do not
affect the main characteristics of their domination which,
outside a very small area, have consisted in man-hunting,
carnage, village-burning, and, pillage carried out with a
refinement of horror before which native barbarity dwindles
into insignificance. And, from a more general point of
view, it seems certain that if civilized Powers, such as
Great Britain, Germany, France and the Congo State, had
not overpowered some of the native races, such as the
Mahdists, the Zanzibaris, the Niger and other tribes, the
area of devastation must have increased and the infamous
trade in human flesh must have continued to flourish.
With regard to the « commercial currents » which are
sometimes used as an argument in favour of the slave-
traders, it can never, in common justice, be contended that
a system which tolerates merciless pillage, slave-caravans,
and the selling of booty together with its native carrier
152 RESULTS OF THE VICTORY
on the coast, helps to solve Ihe commercial problem or to
cheapen the cost of transport. The question is raiher
whether this kind of business could ever have agreed with
the duties of the Powers who had resolved to suppress the
trade. Again, it should not be forgotten that the slave-
trade, both from its character and from the profits sui
generis which it brings, is the born enemy of honest trade
as applied to the development of the natural resources of a
country. The pernicious influence of the slave-trade from
this point of view has been pointed out by numerous
explorers.
« Every proposition having for its object the establishment of
trade in Africa and the improvement of the black race, »said Sir
Samuel Baker, « will remain Utopian as long as the slave-trade
exists (1). «
And here are the opinions of Pogge and Wissmann on
the question of « commercial currents » set going by
slave-traders :
« In the west much has been done of late years to bring about
a more rational and humane state of things; but in the east the
Arab advances continually followed by a procession of misery
and desolation and growing stronger from day to-day to the
detriment of the natives. How long will Europe permit this
shame, how long will she be fooled by these scoundrels?
» The first step towards the regeneration of the black man is
the destruction of the destroyer of the African race, of the
adventurer whose power daily increases, in a word, of the Arab.
» As long as Europe is not strong enough to follow up the
results already obtained by her voyages of discovery, the explorer
can never be satisfied with his work; it will have injured
rather than benefited the native races. People hesitate before
(I) Itmaila, p. 409.
RESULTS OF THE VICTORY
resorting to extreme measures, but they lose sight of the fact
that, if their efforts were concentrated on a single object, more
would be done in a day for the real welfare of Africa than
has been accomplished in past decades, nay even in past- cen-
turies (1). »
The Free State did not flinch before its perilous task,
and it has reaped the fruits of its energy.
Important traders of the East Coast, who have nothing
whatever in common with the direct or indirect apologists
of the slave-traders, seem to have reproached the Congo
Government because legitimate trade has left the formerly
frequented tracks and been diverted rather towards the
West Coast, thus using the splendid means of communica-
tion afforded through the territory of the Free State. This
circumstance cannot he made a cause of reproach ; and it was
surely not a sufficient reason for the State to shrink from
accomplishing the duly it owed to civilization and to itself.
On the contrary, it was but a just compensation for the heavy
sacrifices made by the State to clear its domains from
infamous rascals and to purge the country of the sole ele-
ment which hindered the normal development of the native
races and the progress of colonization.
The exercise of certain rights by neighbouring coun-
tries may occasionally affect the interests of other States.
While this may be regretted, it is not sufficient to destroy
those rights. Otherwise the right of building a railway
line might be disputed on the pretence that it diverts an
existing trade in a new direction. Nobody can blame the
German colonization on the East Coast of Africa for encou-
raging, by the improvement of the Kilua route, the flow of
(1) Unter deutscher Flayge querdurch Afrika, p. 297ss.
154 THE VICTORY CELEBRATED IX BELGIUM
the commercial current to the Zambesi through German
territory. Neither can British colonization be blamed for
attracting trade by means of the Mombassa railway.
Healthy competition and fair rivalry are the best regulators
of such conditions. Colonial enterprise must ever be
subject to vicissitudes ; but the future may reward perse-
verance with unexpected compensations.
Belgium, in common with alls friends of civilization,
followed with profound interest the course of its children's
struggle against the Arab slave-traders. She hailed the
victories of Dhanis and his companions in arms in Central
Africa with the same pleasure which was shown by whole
nations at the victories of AYissmann on the East Coast, of
Lord Kitchener at Khartoum and of General Dodds in
Dahomey. She has commemorated the bravery of some
of her sons by lasting monuments such as that of the
heroic sergeant De Bruyne. She has received with joy
each new element of prosperity connected with achieve-
ments which history will record with admiration and
which every friend of humanity will bless. She sees that
the King-Sovereign braved the risks of a war on the Arabs,
not only as one of his duties under the Berlin Act, not only
as a duly of political preservation, but as an act of supreme
wisdom from the point of view of the progress of coloni-
zation, of the moral and material development of the
black races, and of the general welfare of Central Africa.
Central Africa explored, the Congo State founded, the
Arab potentates vanquished : — such are the three jewels
that Belgium rejoices to see shining in the double crown
of her King.
CHAPTER III.
Revisionary Tendencies.
Such great Acts as those of Berlin and of Brussels
cannot escape criticism. They cannot satisfy the views
of all ; they cannot fulfil, all at once, the hopes formed of
them. Hence, complaints, often with very little grounds,
and recriminations, often without measure.
Criticism of the purport and application of the Berlin
and Brussels Act has not been wanting. In certain cases
that criticism has been of a revisionary character ; it has
dealt in turn with the humanitarian and the economic
aspects of the Act.
With regard to the humanitarian aspect, and while
admitting that all human work is capable of improvement,
we consider that it would have been difficult to do better
than what has been done. Can colonizing nations be
expected to wipe out slavery at one blow ? Can native morals
and customs be reformed in a day ? Can colonial Govern-
ments be given reciprocal rights which interfere with the
independence of any of their fellow-Powers ? Can those
Governments be held responsible for the individual mis-
deeds which their police, however vigilant it may be, is
unable to prevent, while their justice is sincerely desirous of
156 REVISIONARY TENDENCIES
repressing tliem? Is it possible to proceed ne varietur
in all and e\eiy matters relating to the treatment of the
natives by the colonizing nations? Those who know
how difficult it is to succeed in international negotiations
look upon certain attained results as unhoped for : let us
be careful not to joepardize them.
With respect to the economic portion of the important
Treaties in question, the difficulties of a revision are even
greater. Can it be imagined that an assembly of the
Powers should entertain such preposterous claims as have
been advanced by some merchants in relation with the
Congo basin, and which a prominent French statesman,
M. Etienne, has summarized as follows : « La maison efct
a moi, c'est a vous d'en sortir (1). »
Considering the past, can it be believed for a moment
that Governments, who have conceded their whole domain
in the Congo basin, shall willingly concil such cessions
with their consequent rights?
And, looking to the future, can it be supposed that
no account should be taken of the complete change of cir-
cumstances and of all the progress that has been made in
the Congo basin since 1885? Can one fail to see lhat the
questions raised, must have a bearing, in accordance with
an undeniable distributive equity, not only in the conven-
tional basin of the Congo, but in all similar districts in
Africa and elsewhere where the same conditions reign?
Such questions are not settled without considerable discus-
sion and trouble. It is easy to speak of the renunciation
and revision of treaties, when the advantages conceded are
La Belgique coloniale, 26 Janvier 1903.
REVISIONARY TENDENCIES 157
mutual; but is revision advisable for the parly who has
obtained everything without positive compensation?
In one respect, perhaps, an important improvement
might be made, if it were agreed upon by all parties,
in the Berlin Act. We refer to the extension to be given
to the arbitration clauses. The primary proposal of the
German Government was based on broad grounds which
were only abandoned because of French opposition. The
pledges since given by the latter Power and by several
others, especially at The Hague Conference when arbitra-
tion was established, warrant a hope for Agreements in
international questions in Africa. However, this result
could also be arrived at by means of The Hague Con-
vention alone, without revising to the Berlin and Brus-
sels Acts.
"We know with what prudent care the Berlin and Brus-
sels Conferences kept their discussions clear of questions of
territory and sovereignty. Irresponsible pamphleteers,
who cannot be ignorant of this circumstance, pervert the
revision of the Berlin and Brussels Acts into a support of
their own views on territorial questions. Such a course
can only be described as an attempt at sterile agita-
tion.
Colonial questions are the most difficult of all and the least
susceptible of radical solution. The International Colonial
Institute understood this so well that, as soon as it was
established, it declared that it did not intend to follow the
theory of any particular school.
It would be to credit Governments with small misdom
and little foresight, to admit that they would venture upon
an authoritative enquiry into Iheir respective colonial
158 REVISIONARY TENDENCIES
administration, or upon issuing a uniform codex of colo-
nization.
The Berlin and Brussels Acts have realized pretty well
all that it was possible to attain in this respect by way of
international agreement. The wisest course is to leave
them untouched, and, above all, not to introduce into
them, as some people suggested, either good tilings which
are not new, or new things which are not good.
PART THIRD
THE INSTITUTIONS
The Institutions.
Among the great colonial establishments recently foun-
ded in the Congo is one which, in glancing over the
continent as a whole, must infallibly attract attention and
excite black sympathy.
Its position is one of extreme boldness : it corresponds
to the great blank patch on the map of Africa which we
scarcely noticed in our youth in the midst of those coun-
tries wich remained for every one terra ignota.
Its mode of formation has been most remarkable, and,
so to speak, unique in the history of international law,
to such an extent that it seemed impossible to place it in
any of the usual categories relative to the birth of states.
Its vocation as a means of civilization is not less worthy
of attention : after being in the vanguard of the struggle
against ihe Arab slave-traders, and after undertaking to
purge Central Africa of those ravagers, it set about the
peaceful settlement of the native populations under a
paternal Government and their development in a higher
and better life, with a view to their ultimate cooperation
in thee great work of universal civilization.
For the Belgians, this land offered a field of predi-
lection, where their activity could be well employed and
where ihey would be alle to displan all the energy of
their race.
u
162 THE CONGO INSTITUTIONS
We have already shown how His Majesty Leopold II.,
after taking the initiative in the movement for the integral
civilization of Africa, founded the Congo Free State in a
territory where no authority then existed, and how the main
provisions of the Berlin and Brussels Conventions indica-
ted, from a humanitarian and commercial point of view,
certain bases of the policy to be adopted by the various
Governments interested in the conventional basin of the
Congo.
On the foundation thus laid, the enacting power of the
Sovereign built up a complete political organization in
which the problem of civilizing the barbaric races is solved
in a manner both successful and wise. This organization,
of which little is known abroad and even in Belgium, is of
an interesting character. Without pretending to make an
exhaustive study of it, we will indicate its salient features.
New and important questions concerning Congolese
neutrality were considered in our recent work entitled
Etude sur la neutralite de la Belgique (1), in which the
relation of Congolese to Belgian neutrality was referred to.
In several papers, principally of a parliamentary cha-
racter, we have further dealt with the relations between
the Congo Free State and Belgium (2). Our present aim
is mainly to study the State in itself, and we shall begin
by thro.virg some light on the principle of sovereignty
as it presides over its existence.
(1) La Neutralite de la Belyique au point de vue historique, diploma-
tique, juridique et politique. Brussels, 190:2.
(2) La Part de la Belyique datit le mouvement africain, 1889. —
Rapport au S6nat sur le Regime des colonies. (Revision de la Constitution,
25juillet 1893.)
CHAPTER FIRST.
The Sovereignty.
Sovereignly is the supreme power to direct a political
community, with a view to its preservation, its improve-
ment, and common welfare of its members. A human
population, a region of the globe, are the two elements, one
personal and the other real, which form the basis for the
application of sovereignty. It is by developping these ele-
mentary principles, by applying them for the due consti-
tution of public life, that sovereignly makes a country of
the region and a nation of the multitude.
Sovereignty has a double sphere of influence, namely,
in the direction of the national or internal political life, and
in that of external foreign policy, where the State has
to live with other States in the community of nations.
The form under which sovereignty is instituted does not
affect its essential character : internal autonomy and
external independence remain the two fundamental sove-
reign attributes of a State as recognised by the law of
nations. Autonomy means the right of a State to regulate
itself its national life. Independence is freedom from any
outside control not specifically accepted, in its relations
with other States.
Sovereignties which meet and have to coordinate in
164 THE CONGO SOVEREIGNTY
international life are not, in fact, characterised by any
absolute and immanent freedom from all bonds between
them', but rather by a freedom from engagements imposed
by an authority foreign to their own will, implicitly or
explicitly manifested.
Like all other sovereign States, the Congo Free State, as
its name implies, possesses, in the double sphere of its
internal and external life, all the recognised prerogatives
of Sovereign States. And its position is all the more
clearly defined in this connexion that it is untrammelled
by the numerous bonds which generally complicate the
legal existence of older States.
Like oilier States, too, the Congo is duly subject to two
classes of international obligations :
Obligations comprised in the common lawr of civilized
nations, which the latter undertake in their sole capacity of
members of the society of nations : These make up the
universal law of nations.
Obligations arising from special agreements forming a
special international law between the various States.
As a matter of fact all States are subject to these
obligations which are in no way incompatible with sove-
reignty. The formation of these bonds, as such, rather
appears to us to be the exercise of a sovereignty capable of
binding itself to the fulfilment of its mission ; it is a
normal form of the activity of a State, the legitimate and
often necessary manifestation of that which we have cha-
racterized elsewhere as the « fonction obligationndle » of
sovereignty (1).
(1) La Neutrality de la Belgique, p. 342.
THE CONGO SOVEREIGNTY 165
The special international obligations contracted by the
Congo Free State, beyond common and general law, do
not differ either in nature or in aim from similar obligations
contracted by oilier States. Like them, they indicate the
growing solidarity of international relations and the pro-
gress of international life.
It is not difficult to show that these engagements, in
their actual tenour, constitute an enlightened use rather
than, as certain people have argued, a sort of abandon-
ment of sovereignty. This enlightened use is in harmony
with the best tendencies of the times and the noblest aims
of the society of nations.
They concern, in the first place, the choice of a regime
of permanent neutrality by virtue of which the Free State
assures to olher States, in the event of a conflict between
them, the security of an invariably peaceful attitude, while
obtaining from them, in return, the advantage of not being
involved in their disputes. This choice may be as wise
in fact as it is justified at law. Beneficial in the present,
it is in harmony with the highest hopes of the future.
They relate to the eventual application, in remarkable
conditions, of mediation and arbitrage, by virtue of provi-
sions anterior to The Hague Conference. To that Confe-
rence belonged the task of justifying and generalizing the
purpose of these precursory arrangements.
These engagements pursue, moreover, the purpose of
assuring particular protection to all civilizing institutions,
either scientific or religious without any distinction of
creed, and to all undertakings of pioneers of civilization in
all directions. Such tendencies can only be worthy of
praise.
166 THE CONGO SOVEREIGNTY
They achieve, as regards the respective civil rights of
foreigners and subjects in the various States, one of the
greatest desiderata of modern law, a degree of assimilation
only equalled in a few contemporaneous cases. It would
be difficult indeed to discover in sucli provisions a cause
of inferiority from the point of view of comparative
law.
They establish in colonial politics a liberal policy which
completely supersedes all the errors of the old pacte colo-
nial, and leaves far behind in generosity all the practices
heretofore introduced and maintained by many civilized
Governments in their possessions. This example does not
appear in any way to constitute an error from a compara-
tive stand point.
They reflect also most vividly, in all that concerns the
preservation of native races and their education and parti-
cularly in order to present man-hunting, slave-trading and
such pernicious scourges as the drink-evil, the most
powerful and best humanitarian tendencies of our time.
Undoubtedly, that is no matter for criticism.
All the above provisions relate to the general Acts of
the Berlin and Brussels African Conferences. The limi-
tations of sovereignty, which they imply, result from the
State's voluntary adherence to these diplomatic Acts. They
are not different from those which may limit the sovereignty
of other Powers established in the Congo's conventional
basin. They do not reveal, in any case, any injury to
the principle of the equality of the States in its essential
elements. They only constitute, as we have already
remarked, an enlightened exercise of the paramount func-
tion normally inherent to the sovereignty of nations. Let
THE CONGO SOVEREIGNTY 167
us add that for all, they derive from their character of
limitations of sovereignty at common law, a strictly limited
meaning.
If, on the other hand, we go further into the economy
of several more special treaties, already formed by the
Congo Free State with other Powers, not only do we not
meet in these diplomatic conventions— agreed upon on
a footing of perfect equality between States — with any
trace of inferiority regarding the exercise of sovereign
attributes, but we can frequently point out provisions
testifying to the young State's will to remain a faithful
adherent to the law of pacific progress identified in some
way with its origin. It is so that we see it, on
December 16, 1889, signing the first Treaty of general
and perman3nt arbitration which was ever concluded bet-
ween European Governments.
Thus we can truly contend that there is a material diffe-
rence between th3 real position of the sovereignty of the
Congo Free State in international law, and the situation
which some have imagined when representing it as an
emanation subordinated to a collectivity of Powers. We
have already proved in a most undeniable way, we think,
that contrary to arguments adduced without any legal foun-
dation, the Congo Free State is not a creation of the Berlin
General Act. We believe that we have also proved with
equal clearness that its legal international status, far from
showing a case of limited sovereignty, gives a conspicuous
proof of the honourable and independent position it occu-
pies amongst the great family of nations.
Let us not forget to mention that for the Free State like
for any other State, due reserve being made of positively
168 THE CONGO SOVEREIGNTY
assumed engagements, sovereignty remains entire in its
double sphere of internal and external action.
It is in the light of this last remark that we must study
and decide the questions that have so frequently been rai-
sed regarding the State's rights to acquire new posses-
sions, to assume protectorates and to exercise other prero-
gatives which derive from sovereignty at common law. For
Sovereignly means Liberty.
CHAPTER II.
The Form of Government.
The question of the form of Governments is not capable
of an universal solution. Nations have, since long known
tyrannical republics and untyrannical monarchies. The
best form of Government for established nations, is gene-
rally that which is the most suitable to their traditions and
character. For new nations, Hie best form is the one
suitable to their social development.
The Congo Government, considered from th<3 stand point
of its form, is a monarchy pure in a double sense.
On the one hand, it is from himself, with a title easily
proved without seeking any supernatural foundation, by
right of creation, that the Sovereign holds his power. It is
he who raised up a population living on a virgin soil in
secular anarchy and powerless to unfetter itself from the
straps of barbarism to a State of international law. All
the sovereignty's constitutive powers emanate thus from
the State's author, and if it be noticed that the author's
right in all directions, appears as the most sacred right, it
is easily understood that this title of legitimity is worth
as much as anv other.
170 THE FORM OF GOVERNMENT
On the other hand the author of the State exercices all
the sovereign powers, undivided and unlimited.
The Congolese monarchy it thus not a monarchy consti-
tuted after the pattern of constitutional monarchies and
there are, we think, many plausible reasons why it should
not be so. The existence of native representative institu-
tions is not even possible, and the adjunction of outside
representative institutions appears so unadvisable that,
even where the existence of a metropolis seems to allow
such system, the general experience of the colonizing
States tends to discard it.
Does this mean that the Congolese monarchy is in every
way a despotic monarchy? The meaning of this expression
must first be made thorougly clear. Not only the Con-
golese monarchy has nothing in common with ancient
despotism, which claimed an arbitrary power over all per-
sons like over all things, but it cannot even be mistaken
for certain forms of a more modern absolutism.
Let us first remark that the Chief of tli3 Congolese State
is bound in a way most permanent and independent of his
own free will, by principles of liberty of conscience and of
creeds, which give him no right of interference in the
spiritual life of his subjects.
As regards civil life, the Chief of the Congolese State is
equally bound in a way permanent and exclusive of arbi-
trariness, by a liberal system of rules to be observed
respecting natives and non natives.
As to the latter, a wide range of civil and commercial
liberty is ensured to them. We know of no other State
where tho right which a Sovereign owns of treating foreigners
differently to subjects is more tempered than in the Congo.
THE FORM OF GOVERNMENT 171
In matters of public life, political liberty, regarding the
share which citizens have in the general Government of
the Stale, is not established in the Congo, and if by
despotical Government be meant any Government where
no such right is recognised to citizens, then the Congo
Government is a despotic Government. But then it must
be confessed that this feature is common to it like to all
Governments organised in the most primitive colonies by
nations enjoying the greatest freedom. And it must also
be remarked that underneath the Government's machinery,
where concentration of power is necessary, there exists of
necessity, in the Congo, a decentralization owing to which
nearly all the Stale's subjects are ruled by local customs
under the local Chiefs' authority.
Thus, it is not indispensable, in order to justify the
form of Government existing in the Congo, lo enler a plea
of extenualing circumslances, and lo speak of « enlightened
despotism. » This Governmenl, although being exactly
what it must be to suit the social conditions, is tempered
not only by the personal guaranlees which the Sovereign
offers to such a high degree, but equally by a system of
positive rules which do not allow of its being declared
merely despotical. This Government is in fact « the right
Government in the right place. »
Undoubtedly, when comparing the Congolese monarchy
with ihe Belgian one, the differences are conspicuous.
This monarchy is evidently tempered not only by its rule
of action but equally by its institutions. The differences,
however, are only the consequence of the diversily of ori-
gins, of missions and of Ihe elemenls organised into a
State.
172 THE FORM OF GOVERNMENT
Monarchy pure in the Congo is as justified as constitu-
tional monarchy in Belgium. The simple union of both
in the person of His Majesty Leopold II. leaves to each of
them its own character even in the various relations which
they may establish. The transmission of the Congolese
Crown in the person of the King of the Belgians, is only
subject to the rule by which the King cannot be Chief of
a foreign State without the consent of the two Chambers,
to be given according to the conditions laid down in
article 62 of the Belgian Constitution.
As embodying a monarchy pure, and as invested with
all the attributes of sovereignty which the public life of
nations involves, the Chief of the Congolese State virtually
concentrates in his person, with the exception of such dele-
gations as he chooses to make, the external and internal
activity of the Government. It is he who enacts the organic
rules of private rights and who creates the institutions of
public law suitable to the exercise of his power. He
appoints the auxiliary officials and primarily sways their
action in accordance with his Governments' policy. He
rules the exterior relations of the State. He is the living
spirit who gives effect to the various manifestations of
governmental life, which he controls it entirely.
CHAPTER III.
The Territory.
The State's territory, which geodesical estimates value
at over 2,000,000 square kilometres, extends all over the
marvellous and gigantic Congo basin. It covers the whole
basin, except the dependencies acquired by France on the
North, by Portugal on the South and by England on the
South-East, which are in some way counter balanced by
two provinces of the State, one on the Atlantic Coast and
the other around Lake Albert-Edward. Round this cen-
tral block are situated the German and English posses-
sions on the coast of the Indian Ocean, the French and
Portuguese, on the Atlantic coast, the Free State spreading
on the banks of the great river's estuary.
i. — THE STATE'S BOUNDARIES.
It is well known that, originally, a series of separate
Acts — there were fourteen of them— were concluded for
the State's recognition between the International Conga
Association and the Powers, beginning with the United
States and Germany. They do not generally contain any
description of boundaries. The neighbouring Powers of
174 THE CONGO TERRITORY
certain of the State's possessions have alone added to the
Act of recognition provisions respecting the boundaries
which respectively concerned them. Belgium, called
upon to pronounce on the question of personal union,
did the same.
The first description of boundary lines is found in a map
annexed to the agreement between the German Empire and
the Congo International Association. The German Empire
stated ihat it was quite ready, on its side, to acknowledge
the limits of the Association's territory as indicated on the
map. The same Act, providing especially for the present
or future cession of the Association's territory or part of it,
adopted the common-law principle of the transferee's
subrogation to the transferor's rights and obligations.
The Acts between France and Portugal contain a
description of respective limits : for France to up IT9
E. Long, for Portugal, up to the Kwango. The agreement
with Portugal likewise reproduces the provision concerning
the transferee's subrogation to the transferor in the event
of a complete or partial cession of the present or future
territory of the Association. This last provision is com-
mon to the fourteen separate Acts of that period with the
exception of the Act passed with France.
In the silting of the Berlin Conference on February 23,
the President of the International Association notified the
existence, among the clauses of the treaties recently con-
cluded by the Association « of a provision recognising its
flag as ihe flag of a friendly State or Government. » At
the request of some of the Plenipotentaries— of several,
according to the protocol— copies of the various treaties
by which the International Association had been recognised
THE TERRITORY 175
by these Governments, were annexed to the protocol of the
sitting. These treaties were accordingly added to the
protocol n° 9, schedule I, under the heading : Copies of
various Treaties by which the International Congo Asso-
ciation has obtained the recognition by the Governments.
It is scarcely necessary to remark that this addition did
not in anv wav modify the If a:al character of the said trea-
w m v
ties, and above all that it did not— contrary to their very
provisions— impose invariable territorial limits on the
Congo State.
In order to understand the impossibility of even attemp-
ting such a construction, it would be sufficient, moreover,
to recall that the sine qua non, proposed by France and
accepted by Germany, of the Powers meeting in Berlin was
that « the Conference should have nothing to do with the
settling of territorial questions in the Corgo basin (1). »
Shortly after the breaking up of the Berlin Conference,
the Free State promulgated a General Declaration of Neu-
trality dated August 1, 188o, indicating the State's terri-
tory to which, at that time, the regime provided by
Art. dO of the General Act of the Conference applied.
This Declaration, after being submitted to Prince Bismarck,
as we already mentioned, and after obtaining an approba-
tory letter from him, was notified to all the Powers who
acknowledged it without any objection or reserve whatso-
ever.
Mutual preferences, subsequent explorations, reasons of
a geographical or eilmograj hical order, have determined
(1) Letter of the German Charge d'affaires to Prince Bismarck, dated
May 29, and Prince Bismarck's reply, dated June o.
176 TERRITORIES ON LEASE
certain modifications of the primitive territorial jurisdiction.
The State made, on December 28, 1894, a further Decla-
ration intended to bring under the regime of neutrality the
whole territory as modified by fresh agreements with
France- (April 29, 1887, and August 14, 1894), Portu-
gal (May 25, 1891) and Great Britain (May 12, 1894).
Similarly to the Declaration of 1885, the one of 1894 was
notified to the Powers, who made no observations on it.
The delimitation of the State so established seems to com-
pletely discard any further question of a territorial order
with neighbours. With France, Great Britain, Germany
and Portugal further disputes hardly seem possible. The
recent Kiwu incident between the Congo State and Germain-
does not appear in itself to constitute a frontier difficulty :
the boundary in these parts being apparently determined.
Germany wrould wish to obtain the rectification of this fron-
tier by substituting for it a natural limit. Whatever
reasons Germany may adduce to prove such a claim, it is
quite comprehensible that the Congo State should hesitate in
following her on that road, as it might thus compromise
the principle of its territorial integrity.
The upholding of their integrity is the first duty of
States, but exchanges and arrangements giving satisfaction
to both parties are conceivable.
2. — TERRITORIES TAKEN ON LEASE.
Let us here recall that besides the State territories of
which Leopold II. is Sovereign, he took on lease from
Great Britain the Bahr-el-Gazal territory up to 10° N.,
to be occupied and governed by him. Article 2 of the
TERRITORIES ON LEASE 177
Treaty of May 12, 1894, decides the extent of this
jurisdiction and the length of the lease, which is diffe-
rent according to the part of territory to which it
applies.
Great Britain, on her side, by Art. 3 of this Treaty
took on lease from the Congo Free State a strip of territory
between Lakes Tanganika and Albert-Edward.
The agitation stirred in Germany and France by the sti-
pulations of the Treaty of May 12, 1894, can still be
remembered. Germany raised objections to the lease of
territory granted to Great-Britain and it is a well known
fact that by a declaration of June 22, 1894, the British
and Congo Governments concurred in the withdrawal of
Art. 3 of the Treaty. As to France, she would not
recognise the Congo State's rights of lessee, and by arti-
cle 4 of the Agreement of August 14, 1894, she decided
to restrict, for herself, and without stipulating for others,
the political action of the State in the Nile basin to that
portion commonly called : Enclave de Lado. But since
by her Agreement with Great Britain of March 21, 1899,
France has abandoned all idea of penetrating in the Nile
basin, Article 4 of the Agreement of August 14, 1894
merely has an historical interest, and the respective rights
of Great Britain and the Congo Free State in the Bahr-
el-Gazal — sovereignty rights of the former, lessee's rights
of the latter — remain established in ihe mutual relations
of the two States and ratified by the Treaty of May 12,
1894, which in point of lawr cannot be forthwith con-
sidered as having lost its value between the contracting
parties.
178 THE INCREASE OF TERRITORY
3. — THE INCREASE OF TERRITORY.
At the time when the question of leased territories stir-
red some excitement in France, an effort was made in the
Frencli Parliament to pretend that the Congo State was
enclosed in unchangeable limits, either by virtue of the
Berlin Act or by reason of its declaration of neutrality.
We know of no contention having a slighter foundation in
international law. We have clearly shown that the Berlin
Conference was unable to settle territorial questions pur-
posely detached from its program and that it is impossible,
moreover, to attach to the formality we have mentioned,
any signification modifying the real legal character and the
true meaning of the treaties. Moreover, it is evident that
the limits mentioned in the treaties between interested
parties are separative limits directly, specially and locally-
connected with pending disputes or issues in view at the
time, and not prohibitive of further acquisitions foreign
to these delimitations.
On the other hand, to contend that a voluntary declara-
tion of neutrality, even permanent, applied to certain
territories on the principle of Art. 10 of the Berlin Act,
implies absolute renunciation to subsequent acquisition of
territory, would be obviously giving article 10 a meaning
it cannot and was never intended to have, and it would
amount at the same time to a perversion of the notion of
neutrality. We believe that we fully established in our
« La Neutralite de la Belgique » that permanent neutrality
even obligatorily guaranteed, does not exclude, in prin-
ciple, acquisitions of new territories by the neutral
THE INCREASE OF TERRITORY 179
party, subject to a limitation of the guarantee to the origi-
nal territory (1). But in the case of permanent neutrali-
ties, which are not even in the same position, and of a State
which has merely exercised the faculty of declaring itself
neutral, the question of prohibiting the acquisition of new
territories seems hardly raisable. The Stale may perfectly
undertake to fulfill all the obligations resulting from this
special international status without abdicating the right to
spread by regular acquisitions. And it might even, accor-
ding to Art. 10 of the Berlin Act, relinquish this status,
subject to giving up the benefit of it.
The acts show that the neutralized territories of the
Congo Free State have undergone most important modifi-
cations since the beginning without any international objec-
tions being raised.
(I) La Xeiitralile <le la Belgique, pp. 508 and seq.
CHAPTER IV.
Neutrality.
In a previous work on « La Neutralite de la Belgique » ,
we have already examined all the questions relating to the
permanent Congolese neutrality and to its eventual combi-
nation with the Belgian one. We thus restrict ourselves
to giving a mere summary of the conclusions of that study.
The German project , drawn up subsequent to
Mr. Kasson's motion at the Berlin Conference, relates
to the following points : Obligation for all the Powers,
even those engaged in foreign conflicts, not to impli-
cate the territories of the conventional basin in any
war; obligation for all the Powers holding possessions
in the basin, in case of differences relating to their posses-
sions, to proceed to the settlement of these differences by
way of mediation or of compulsory arbitration.
The opposition of two Powers holding possessions did
not allow of the carrying out of this project ; but towards
the end of the Conference, Baron de Courcel, the Frencli
Ambassador, reopened the way to the fulfilment of pacific
intentions perseveringly manifested.
Not that the Powers have neutralized any territory. They
simply foresaw the issue of either occasional or perpetual
NEUTRALITY 181
declarations of neutrality concerning the territories of the
Congo basin, and they took the engagement of respecting
the consequences of these declarations as long as the
declaring Powers would perform the duties of neutrality.
And this undertaking was assumed not only towards
the declaring Powers, but also towards the other Signa-
tory Powers. Consequently the claim in warranty can, if
necessary, be made upon each and all of the Signatory
Powers by the guaranted State, and the action of these
Powers, without being compulsory, is henceforth provided
for and authorized.
Regarding the meaning of the term neutrality, Baron
de Courcel declared that, according to his view, « neutra-
lity ought to be taken in its proper and technical sense,
that is, regarding the position of a third party who refuses
to take part in a struggle between several belligerents. »
The permanent neutrality ofthe Congo results from
declarations made by the State, dated August \ , 1885, and
December 28, \ 894, referred to in the preceding chapter.
It belongs to the category of permanent neutralities pure,
that is to say, which are not modelled upon any other
limitation of sovereignty than the one resulting from the
undertaking to observe a neutrality in principle as regards
conflicts between other States.
At the same time it is a neutrality of free election, to the
renunciation of which Article 10 alludes by determining
the consequences which might ensue.
It does not, moreover, constitute the only guarantee of
peace given by the Berlin Act to the territories of the con-
ventional basin. In fact, concerning the serious differences
which may arise within the limits of, or relative to, these
182 NEUTRALITY
territories, the Powers have taken the engagement by
Article 12 to have recourse at all times to mediation, and
have even provided for arbitration, insisting most particu-
arly on the « serious value » of these proceedings « for the
rising Congo State, which all the powers wish to surround
with pacific guarantees. » And concerning conflicts
foreign by their nature to African possessions, the Powers
have moreover given the undertaking, in Article 1 1 , to
afford their good offices in view of preventing these posses-
sions from beconing a seat of warfare.
The following is the text of Articles 10, 11 and 12,
forming Chapter III. of the General Act of Berlin.
Declaration relative to the neutrality of territories included
in the conventional basin of the Congo.
« ART. 10. — In order to give a new guarantee of security
te trade and industry, and to encourage by the maintenance of
peace, the development of civilization in the countries mentioned
in Article 1, and placed under the. free-trade system, the High
Signatory Parties to the present Act, and those who shall
hereafter adopt it, bind themselves to respect the neutrality of
the territories, or portions of territories, belonging to the said
countries, comprising therein the territorial waters, so long as
the Powers which exercise or shall exercice the rights of Sove-
reignty or Protectorate over those territories, using their option
of proclaiming themselves neutral shall fulfd the duties which
neutrality requires.
» ART. 11. — In case a Power exercising rights of Sove-
reignty or Protectorate in the countries mentioned in Article 1,
and placed under the free-trade system, shall be involved in
a war, then the High Signatory Parties to the present Act, and
those who shall hereafter adopt it, bind themselves to lend
NEUTRALITY 183
their good offices in order that the territories belonging to this
Power and comprised in the conventional free-trade zone shall
by the common consent of this Power and of the other bellige-
rent or belligerents, be placed during the war under the rule of
neutrality, and considered as belonging to a non-belligerent
State, the belligerents thenceforth abstaining from extending
hostilities to the territories thus neutralized, and from using
them as a basis for warlike operations.
» ART. 12. — In case a serious desagreement originating
on the subject of, or in the limits of, the territories mentioned
in Article 1 and placed under the free-trade system, shall arise
between any Signatory Powers of the present Act, or the Powers
which may become Parties to it, these Powers bind themselves
before appealing to arms, to have recourse to the mediation of
one or more of the friendly Powers.
» In a similar case the same Powers reserve to themselves
the option of having recourse to arbitration. »
CHAPTER V.
Subjects of jurisdiction.
We may here take a broad view of the term « subjects
of jurisdiction » not only including subjects proper but
equally casual subjects of jurisdiction, such as foreigners
who may depend, in a certain sense only, on the territorial
sovereignty. The extensive assimilation in the Congo of
foreigners to subjects warrants us in so doing.
Subjects of jurisdiction must be classed, according to the
rights they enjoy and the government rule applicable to
them, in two large categories : Non-natives and natives.
All non-natives, either foreigners or of Congolese nationa-
lity, enjoy all civil rights.
Regarding the natives, the Congolese Civil Code admits
of a distinction which shows the first fruit of civilizing
evolution by dividing the Congolese into two very distinct
classes : Citizens and natives. Natives who prove them-
selves worthy, by their primary initiation into the life of
European people, by general submission to Congolese laws,
by an aptitude for co-operation in the working of certain
public services, to be raised above the masses by the
Government, become Citizens of the Realm. They enjoy to
a much larger extent all the legal advantages, and form with
SUBJECTS OF JURISDICTION
naturalized foreigners the elite of the Congolese popu-
lation proper.
Article 6 of the Civil Code (1) refers in the following
terms to the persons enjoying full civil rights :
« Shall enjoy all civil rights : 1. Individuals who have obtained
naturalization ; 2. Natives, whose birth or acknowledgment has
been duly registered in the etat civil books; those who have had
recourse to etat civil officers to have their marriage registered ;
those wrho have obtained their immatriculation on the civilized
population's registers by public authority. »
Article 7 contains furthermore the following rule concer-
ning foreigners of European or assimilated civilization.
« The foreigner residing in the Congo Free State enjoys full
civil rights.
» He is protected in his person and in his property in the same
manner as natives. »
As regards natives — Congolese who are not citizens —
they remain, subject to the laws of public security and
order, governed by their local custom.
Concerning the Civil Jurisdiction, if one of the two par-
ties in a suit is a non-native, the State or a Public Depart-
ment, the Court organized by the State is alone competent.
On the other hand, even in the case of both parties being
natives, if one of them appeals to the Court organized by
the State, such Court may entertain the suit. (Decree of
January 11, 1898.)
In matters of Criminal Jurisdiction, the principle is that
the offence committed on the State's territory, whoever
be the accused, is punished according to the penal law
enacted by the State. However when the offence is com-
(1) LYCOPS, Codes congolais et lois usitelles, p. 162.
186 SUBJECTS OF JURISDICTION
mitted by a native against another native, the Public Prose-
cutor is at liberty to abandon the prisoner to the native
common law and to the jurisdiction of the local Chief.
(Decree of April 27, 1889.)
Reserve is made concerning offences against the slave-
trade laws which always come within the jurisdiction the
State Courts. (Decree of July 1, 1891, Art. 14.)
Let us remark that Congolese law recognises not only
physical persons but also corporate bodies, whose existence
and rights are ruled according to the remarkable provi-
visions of civil and commercial laws on this matter. Let
us mention the Decree of December 28, 1888, on the
incorporation of religious, scientific and philanthropic
associations.
The native population of the Congo Free State belongs
to a large extent to the Bantu race. Estimates of the num-
bers of this population, unevenly spread over the territory,
vary beteewn fourteen and thirty millions.
Residents of European or American nationality in the
Congo are divided as follows : — Germans 63, Ameri-
cans 30, British 98, Austrians 7, Belgians 1,465,
Danish 29, Spanish 10, French 55, Greeks 5, Dutch 126,
Italians 156, Luxemburgers 25, Norwegians 22, Portu-
guese 108, Russians 13, Swedish 105, Swiss 21, other
nationalities 7, total 2,345.
CHAPTER VI.
4
\
The policy of the State.
Government, in its simplest form, is sovereignty in
action. Policy is the science and art of Government.
The policy of the various States offers certain points of
resemblance resulting from the conditions, in some res-
pects common, imposed in the Government of men. Policy
is differentiated according to the varying ideas of the
Government of the special conditions in which is placed the
society it has to control. Governments are distinguished
and politically classified by this fundamental conception
and by the action they adopt to realize it.
The Government of the Congo Free State has to work
under special conditions. Its field of action, its aims and
objects, ways and means to be employed in respect of the
former and the latter, all contribute to give this Govern-
ment a special character, and all was at the outset calcula-
ted to surround its task with exceptional difficulties
Unaided by the fruits of experience in this unexplored and
barbarous land, the government had to solve the difficult
problem of the installation and maintenance of a'n orga-
nized State. The problem had to be solved under condi-
tions which at first sight appeared to run counter to
188 THE POLICY OF THE STATE
colonial traditions, and which rendered the self-supporting
principle not a matter of convenience or prudent colonial
policy, but a rule of vital necessity. The problem again,
had to be solved without bringing into conflict certain
elements which are difficult to assimilate, namely : the
exigencies of commercial freedom as recognized by the
conventions, the exigencies of the civilization of the natives
and their material and moral improvement, the exigencies
of the life and progress of the State itself considered as the
organic principle of the new political society, and finally
the exigencies or rather conditions relating to the personal
union of the Free State with Belgium.
In the accomplishment of this complex task, the State
was first inspired with the principle of a scrupulous
respect for international engagements. This principle
was never lost sight of, even at the critical periods of its
life following on the Berlin Conference when a regi-me of
complete exemption from import duties weighed heavily
upon its economic existence.
The State was also filled with the determination to
faithfully respect the declaration of permanent neutrality
which it made a short time after the Berlin Conference.
As wre have remarked elsewhere, this was an honorable
action towards the Powers who were thus reassured con-
cerning the policy and pacific autonomy of the new State.
It was also an act of prudence which protected the Congo
State from the solicitations of other States interested in
influencing its political life (1).
(i) Rapport an Senat tur le regime des colonies et sur la revision de
I'article ierde la Constitution , 25 juillet 4893.
THE POLICY OF THE STATE 189
Neutrality is certainly not considered nowadays as a
negative position, which formerly implied a state of passive
ness in the frequently precarious hope of escaping the fury
of the belligerents. Neutrality no longer means immo-
bility.
The principle of common peace and equal sovereignty
to-day determines the basis, and regulates the limits, of
the regime which exists between a State carrying on a \var
and States at peace with the world. Fruitful activity in
the sphere of peaceful evolution is all the more legitimate
for a permanently neutral state that war is not its function.
This legitimate activity is in perfect harmony with the
security to be loyally afforded to the other Powers by the
neutral State in consequence of its special status.
While remaining faithful to the obligations of the con-
ventions and those of permanent neutrality, the policy of
the State has ever been to aid in civilization. This was
clearly defined by its sovereign in aiming at the uplifting
and gradual civilization and development of the natives.
This object is being attained by the preservation of the
native races by defending them against such scourges as
man hunting, slave-trading, the abuses resulting from the
introduction of fire-arms and spirits ; by the abolition of
most barbarous customs such as cannibalism and human
sacrifices, by the suppression of inter-tribal wars ; by the
gradual improvement of the material and moral conditions
of existence of the black .race, by teaching the natives to
work, by making them appreciate its rewards, by protec-
ting and helping them, and by seconding all efforts tending
to their regeneration.
The State has learnt by experience how necessary the
190 THE POLICY OF THE STATE
extension and development of sound government institu-
tions are in the carrying out of its task. Its policy in this
direction has had admirable and plenteous results. To
properly accomplish such a duty boih energy and mate-
rial resources — men and money in fact — are indispen-
sable.
Men are supplied in abundance from Belgium and espe-
cially from the Belgian army, while other countries also
supply a quota of workers.
As for material resources, the financial policy of the
State, which was at first seriously threatened in its most
productive sources of income in consequence of a draco-
nian regime of import duties, passed through various
vicissitudes which were overcome by the munificence of the
Sovereign, and the help of the Belgian Government. To-
day the situation is modified and Baron van Eetvelde,
Minister of State for the Congo, in a letter to Count
de Smet de Naeyer, dated March 28, 1901, expressed
himself thus : —
« The convention concluded in 1890 between Belgium
and the Congo Free State expired on the 18th February
last. It has rendered the Free State the greatest services gra-
tefully acknowledged by the latter, for the progress made,
thanks to the financial help of Belgium, are such that the
renewal of the convention has no longer any « raison
d'etre » . The Congo Government can give no better tes-
timony of the successful results obtained than by declaring
that it ceases to appeal for any pecuniary aid from
Belgium. »
The limited nature of the resources of which the autho-
rities dispose, as against the great needs, compels them to
THE POLICY OF THE STATE 191
be careful of the public money. But the policy of the
State, while being economic, is not parsimonious.
When the advantages of a given undertaking in the
Congo are once demonstrated, money is always forth-
coming to carry it out successfully. Sometimes private
initiative, encouraged by the State, accepts the task : such
\vas the case with the Congo railway. In other instances
the State again takes the initiative, as in the case of the
Great Lakes railway; in every case public interests—
and that is the great point,— receives satisfaction.
We have just seen how the policy of the State tends to
improve moans of communication and especially railways
so important for the development of Africa's natural wealth
and the general advance of civilization.
The turning to account of the natural wealth of the
country is also one of the first solicitudes of the State and
inspires a number of characteristic measures of its policy.
The State realizes that if trade in men is to be stopped,
trade in goods must be encouraged.
Measures tending to utilize the endless resources of
equatorial Africa are a precious auxiliary from this point
of view. They answer to the full object of colonization
which, far from excluding the legitimate interest of colo-
nizing agencies or setting it up against the interest of the
colonized regions harmonises them in a superior synthesis,
where the one and the other receive satisfaction.
Just because the w^ork of civilization is immense, the
policy of the State is to welcome to help of all private
enterprises, on due compliance with the laws/ calculated
to help in its mighty task. Commerce as representing
material influences and missions as representing moral
192 THE POLICY OF THE STATE
effort, thus work side bv side under te cesis of the
f CJ
State.
The growth of the import and export trade is evidence of
economic and commercial prosperity. The increase in the
number of mission stations of various sects demonstrates
the happy results which the protection of religious and
Christian influences by the State have brought about.
The State, ever mindful of its early days, never misses
an opportunity of aiding or undertaking scientific enter-
prises tending to a wider knowledge of the African
continent.
The policy of the State, while loyally keeping its obli-
gations towards foreigners, never loses sight of the special
ties which connect the Congo with Belgium nor of the par-
ticipation by the latter in the benefits accruing from the
colonization of a country to which it has so vastly con-
tributed.
In its efforts to solve the various problems of its mission,
the State does not claim to be infallible or faultless. Let
him who can claim to be so in colonial matters cast the
first stone ! Aiming, as far as possible, at the repression
of crime in a country where crime cannot be wiped out
once and for all, the State cannot be held responsible for
individual offences.
To avoid errors and misunderstandings the State
endeavours, as far as the special conditions of its task
will allow, to profit by the experience of other colonisers.
British and Dutch colonisation are often its chosen models.
It imitates these experienced colonisers without, however,
expecting to obtain all at once such results as theirs or
intending to follow^ them blindly. Neither does it persist
THE POLICY OF THE STATE 193
in methods which have been recognized as erroneous, but
amends them where possible. Being unable to reform at
one stroke, it is frequently led to seek partial and progres-
sive improvements. Its policy is essentially a work of
methodical experiment and practical adaptation. Even
when colonial science is more advanced than it is to-day,
that policy will retain its raison d'etre and will still-keep
its merits.
CHAPTER VII.
Legislation.
Law is the sovereign act par excellence, the regulating
act of common life in view of common welfare.
In colonizing countries, it has long been recognized that
the laws of a colony must be adapted to its special cir-
cumstances and that the legislation of the mother country is
not always practicable, however good it may be in itself.
Great Britain, the leading country in the art of civilization,
without relinquishing the rights of its Parliament to pass
compulsory laws for all its colonies, has for a long time
practised in the crown colonies the system of attribution
of regulating functions to the King and to his subordinates,
the Governors or High Commissionners. England has
succeeded in submitting to this same regime the colonies
of occupation whose social conditions do not allow of
local representative institutions (1).
In the Congo Free State, reasons inherent to the very
nature of power, combined with universally accepted
(1) See for the Straits Settlements (1886), 20 and 30 Viet. C CXV, and
for the other colonies of occupation without representative institutions
British Settlements Act (1887), 30 and 81 Viet. C. L1V.
LEGISLATION 195
reasons of opportunity, make of this practice a necessary
rule.
If we seek the main characteristics of the Congolese
legislative system, we find that the system is distinguished
by the following qualities : unity, celerity and adaptability.
Unity is ensured by the fact that the Sovereign combines
in himself both the initiative and the final decision in all
matters of legislation.
Celerity results from the very absence of any division of
the legislative Sovereignty in various branches. The law
is the instrument always at the hand of the Sovereign with
a view of enabling him to act as circumstances demand
and when necessary without the slightest delay.
Adaptability results not only from the perfect comprehen-
sion of the needs of the State on the part of its founder and
Sovereign but also from the facility with which the local
authorities are in a position to deal with the various con-
ditions which present themselves and the various changes
which may occur.
The due administration of the law with regard to the
details connected with technical matters is moreover assured
by regulating measures of a secondary nature. As shall
be explained hereafter, the Secretary of State in Brussels
and the Governor General in the Congo can take those
measures under the form of bye-laws or regulations.
Finally it is to be remarked that consulting bodies of
advisers to the Sovereign in Europe and to the Governor
General in the Congo have been formed and invested with
functions likely to facilitate the exercise of the legislative
Power, without being able to hamper it;— in about the
same way as those auxiliary legislative and administrative
196 LEGISLATION
councils which are assisting the Governors or high Com-
missioners of some English colonies. These consulting,
bodies are as follow : — for the Sovereign, the Conseil supe-
rieur de I'tftat independant du Congo whose functions are
defined by the decree of April 16, 1889 ; for the Governor
in the Congo, the Comite consultatif whose advice the
chief of the local Government, according to a decree of
April 16, 1887, takes on all measures of general interest
which it may be expedient to adopt or to propose to the
central Government. The regulating Acts which emanate
from the King-Sovereign bear the name of Decrees. They
are countersigned by the Secretary of State, in virtue of
the decree of September 1st, 1894 (1).
The publication of official Acts is regulated by the
decree of January 16, 1886, whose scope has been pre-
cisely defined and developed by a second decree dated
January 5, 1899.
The Power of issuing orders entrusted to the Governor
is regulated as follows by the decree of April 16, 1887,
paragraph 6 :
« The Governor-General may issue orders having the force of
law. He may also, in urgent cases, suspend by en order the
execution of a decree of the Sovereign.
» These orders shall not remain in force after the expiration
(1) They are issued in the following form : —
Leopold II, King of the Belgians :
Sovereign of the Congo Free State
To all present and to come : greeting
We have decreed and do decreet...
Given at , the
LEOPOLD.
By the Sovereign- King :
The Secretary of State,
CIVIL LEGISLATION 197
of six months, if they have not been approved by Us during that
interval.
» He cannot however without Our express authorization,
negotiate any loan in the State's name, nor assume any obliga-
tions towards foreign countries. »
From this it results that, apart from the restrictions spe-
cified in clause 3 of this article, the Governor General may
legislate on all matters, even on those not dealt with by a
decree, but that a case of urgency alone empowers him
to suspend the execution of an existing necree.
Article 6 decides nothing as to the right of the
Governor General to introduce, by order, modifications to
a decree; but it has been interpreted, conformably to its
spirit, in the sense that the Governor General has an equal
right both to modify and to suspend a decree.
A rapid glance at the whole of the Congo laws is suffi-
cient to show that the legislative power is exercised in a
remarkable manner in all parts of the law (1).
I. Civil legislation. — The Civil law comprizes a modification
of the laws on persons (Decree of May 4, 1895) which include
the rules concerning the nationality, the enjoyment of civil
rights, the certificates of « etat civil », the absence, the mar-
riage, the divorce and separation, the filiation, the adoption, the
paternal authority, the emancipation, the majority, the guar-
dianship and the privation of civil rights. These provisions
are generally borrowed from the Code Napoleon, which is in
force in Belgium, with the exception of certain modifications
(i) See LYCOPS, Codes congolais et lois usuelles en vigueur au Congo,
collationnes d'apres les textes officials et annotes. Bruxelles, 4900. —
TATTIER, Droit et administration de I' Etat independant du Congo. Bru-
xelles, 1898. — PiEBANTom (Ricardo), Le Traite de Berlin et I'Etat
independant du Conyo, trad, francaise. Paris, 1901.
198 CIVIL LEGISLATION
deemed necessary because of the special circumstances to be
taken in account.
The modifications concern especially the nationality, the
enjoyment of civil rights, marriage and guardianship. AVe have
pointed out, while dealing with dependents the rules of the Code,
concerning the enjoyment of civil rights. The capacity to con-
tract marriage exists from the age of IS: and 14 years (art. 96).
The principle of monogamy is safeguarded (art. 101). As for
guardianship it assumes a marked character as an institution of
public law and the position of the magistrate is strengthened.
The Congo civil law, contains besides a complete codification
of the Legislation on obligations and contracts (Decree of July 30,
1888). The article 409 of that decree provides that hiring or
contract of service between black people and non-natives is regu-
lated by a special law. This legislation is laid down in the
decree of November 8, 1888. The idea \vhich has guided the
legislator in drawing up this remarkable document, the text of
which is given here after is the idea of protecting the weak.
The matter of succession has not been generally dealt with.
For the natives this matter is regulated by custom. For non-
natives the question of inheritance is practically regulated by the
national law of the deceased person. With respect to the pro-
cess of liquidation, a decree of December 28, 1888, concerning
the successions of foreigners dying in the Congo State without
heirs or executors, provides certain conservatory measures.
Moreover a series ot organic orders regulates the liquidation of
the estate of non-natives, be they agents of the State or not
(orders of July 31, 1891, Ptovember 15, 1895, March 26, 1896,
July 13, 1897).
There are no orders organizing the matter of mortgage. The
decree of January 27, 1896, establishes fixed and proportional
fees on mortgage debts. The Government is anxious to deal
with the matter which will undoubtedly be settled before long.
In the meantime recourse is to be made to the general rules of
land tenure. Mortgage debts must be registered; they are
mentioned oil the back of the title deed and on the registration
Certificate. To enforce his rights, the creditor may have
CIVIL LEGISLATION 199
recourse to the Order of November 12, 1886, on the attachment
of real estate. The matter of liens is to be settled as well as that
of mortgage. Only one decree regulates it : the decree of
April 15, 1896, dealing with the rank of preference creditors.
II. Legislation on land, forests and mines. — We will examine
in a special chapter that legislation which is closely connected
with colonial law.
III. Commercial and industrial legislation. — In commercial
law, we must quote the Order of December 21, 1886, on bank-
ruptcy, approved by the Decree of March 18, 1897.
The Decree of February 27, 1887, on commercial Companies,
one of the first issued, contains various gaps. A scheme was
drawn up to modify and complete it.
We may further mention the Decree of October 16, 1896, on
commercial caravans travelling in the interior. The purpose of
this decree has been above all te prevent any attempt on the
natives, individual liberty.
In the matter of industrial law, legislative Acts were passed
concerning patents (Decree of October 29 and order of Octo-
ber 30, 1886' and concerning trade marks (Decree of April 26
and orders of April 27 and May 19, 1886).
IV. Notarial legislation. — The order of July 12, 1886,
regulates the forms in which authentic deeds are to be made up
by the notaries in the Congo. Such deeds « are to be enforced
in the whole territory of the Congo Free State and are to be held
as conclusive evidence before the courts unless there exists
written proofs to the contrary. » There are 26 notarial offices
in the Congo.
V. Legislation, on the incorporation of Societies. — Religious,
scientific and philanthropic Societies may be incorporated
under the conditions laid down by the Decree of Decem-
ber 28, 1888.
VI. Legislation on private international law. — This matter is
thoroughly regulated in a remarkable manner by the decree of
February 20, 1891, which was entered in the Civil Code (art. 7
and following).
VII. Criminal legislation. — The Order of the Secretary of
200 CRIMINAL LEGISLATION
State of December 19, 1896, issued in compliance with the
Decree of December 2, of the same year, has coordinated the
various provisions of criminal law existing at that time.
The Penal Code, so coordinated, is divided in two books.
Book I is headed : Infractions and Repression in general. The
Congo Penal Code has left aside the tripartite division of « crimes,
offences and contraventions » in order to preserve only the
general denomination of « Infraction, » which includes every
infringement of the criminal law.
According to article 87 the punishments provided for
infractions are : Death, penal servitude, fine and special con-
fiscation.
All convicts, says article 89, who have been sentenced
to penal servitude, shall undergo such punishment in the pri-
sons of the State; imprisonment in common, shall be reserved
to natives, imprisonment in separate cells to non-natives. They
shall be employed, either in the interior of these prisons or out
of doors, to one of the works authorized by the regulations of
the prison or determined by the Governor-General, unless
when dispensed by the Governor-General in exceptional cases. »
Constantly actuated by a spirit of protection of the natives,
the legislator has taken special steps in order to insure redress
and compensation to natives. The article 95 of book I of the
Penal Code says : « The court shall fix the amount of the
damages. When the injured party is a native, the Court can
order ex offlcio such restitution and damages as may be
due according to local customs. »
The Decree of December 2, 1896, which has been incorporated
in the Penal Code (art. 112 to 119 of book I) has introduced in
the Congo legislation the principle of « the conditional release
of convicts. »
The book II, On infractions and their repression in particular,
contains a considerable amount of matters but gathered without
unity. The legislator can not be criticized here, for. in a new
State like the Congo, it is not possible to frame at once a com-
plete Code of criminal laws. It is almost inevitable that such a
Code should be built up gradually according to the requirements
CRIMINAL LEGISLATION 201
shown by circumstances. The provisions co-ordinated in virtue
of the Order of December 19, 1896, and forming the book II of
the Code, are far from containing all the provisions of criminal
law in force at the present time.
Among those that are wanting, some have been promulgated
since that date, while others are contained in Decrees orders, or
special instructions.
Let us point out as worthy of notice in the codified part of the
penal legislation, the article 6, n° 4. the purpose of which is to
check the barbarous custom consisting in a highly dangerous
judicial ordeals, called Nf Kassa; also the article 6, n° 6, which
punishes cannibalism; and articles 11 to 13 which punish
attempts against individual freedom.
In the non codified part of the penal legislation, let us notice
the Decree of July 1, 1891, concerning the repression of the
slave-trade and the numerous provisions concerning offences
against the law on the importation of arms and spirits. These
three points have been dealt with in conformity with the
measures agreed upon by the Conferences of Brussels and
Berlin.
The Decrees of December 22, 1888, November 24, 1890 and
December 1, 1897, are likewise noticeable; they form the
29 articles of the military Penal Code.
VII. Legislation relating to procedure. — A series of Decrees
and orders holds the place of a Code of civil and commercial
procedure and of a Code of criminal procedure. We shall
make them known when dealing with the judicial organi-
zation.
VIII. Legislation respecting public law, administrative law and
judicial law. — We have just pointed out the foundations of the
Congo private law and penal law. In the following chapters
we shall deal with the principal organic rules of the administra-
tive and judicial public law.
The legislation which we have hereabove outlined
presents some gaps. Former legislations, being the
result of the work of legal organisms during centuries
202 CRIMINAL LEGISLATION
were not free from them. After all we must not expect
from youth the experience of old age.
It is interesting to note ho\v in the Congo these inevi-
table gaps in legislation can and ought to be filled up by
judges who have to apply the law to all the cases which
the judicial life may involve.
An order of May 14, 1896, forming to-day a sort of
preliminary title of the Civil Code, contains the following
provisions : —
« ARTICLE FIRST. — "When the matter in dispute has not been
dealt with by a Decree or an order already promulgated, the
cases which are within the cognizance of the Congo Courts shall
be decided according to local customs and general principles of
law and justice.
» ART. 2. — When the settlement of a dispute involves the
application of a local custom, the judge may take the opinion of
one or more natives or non-natives, chosen among the most
capable people of the place. »
Thus the legislator obliges the judge to fill up the gaps
in the written law by ordering him to apply in such cases
the local customs and the general principles of law, viz
the legal rules generally recognised in the legislations of
civilized nations and also the equity, viz the natural light
of the reason which dictates the rules of justice indepen-
dently of all written law.
The application of the leading principles formulated by
the order of May 14, 1886, has given rise to a series of
decisions (1). The tendency of the Congolese Courts is to
apply the Belgian law in cases which are not met by the
(i) See particularly : Jurisprudence de I'Etat independant du Congo,
par LYCOPS et TOUCHARD, pp. 50 and 68.
CRIMINAL LEGISLATION 203
Congo law, because then the judge considers the Belgian
law as the expression of the general principles of law and
as the most general foundation of the Congolese law (1).
This opinion has been concurred into by the Government
on several occasions. In its reports to the King-Sove-
reign, in 1891, the Secretary of State (then Administrator
General) was saying : « In matters not yet dealt with
by regulations, the judges are to follow the general prin-
ciples of the Belgian law and the local customs, as far as
these customs do not conflict with the main principles of
order and civilization. »
These views have been shared by foreign decisions.
An English Court had to decide whether a probate was
necessary in England for a will made in the Congo accor-
ding to Belgian forms (an holograph will). And the Court
was of opinion that the a probate was necessary, because,
« no Congolese law having dealt with the matter, the
general principles of law and justice are to be applied and
because the Congolese judges should, in such case, follow
the principles of the Belgian law as general principles of
law and justice. » *
(1) Id., IBID., pp. 14 and 92. Judgment of the « Conseil d'appel de
Boma « of May 1, 1897, and judgment of the « Tribunal d'appel de
Boma » of September 11, 1900.
CHAPTER VIII.
Administration.
To provide for the execution of the laws and for regula-
tions of general interest, is the office of the administration.
The auxiliary officials of the Sovereign in his Govern-
mental mission are divided into two groups; the first
constitutes the Central Government, residing in Brussels,
and the other constitutes the Local Government, established
in Africa. The head of the first is the Secretary of State ;
the head of the second is the Governor-General.
I.
The Central Government.
The Central Government includes one Secretary or
State, three Secretaries General, at the head of the three
administrative Departments, a Treasurer General, a Chief
of the Office of the Secretary of State, and sundry officials.
A Conseil superieur of the Congo Free State is esta-
blished at the seat of the Central Government.
There are, moreover, in Brussels, several institutions
and auxiliary services of which \ve will speak later.
THE CENTRAL GOVERNMENT 205
4. — THE SECRETARY OF STATE.
A Decree of September 1, 1894, regarding the Central
Government has replaced a Decree of October 13, 188o.
It reads as follows : —
« ARTICLE FIRST. — The Central Government is placed under
the direction of a Secretary of State, appointed by Us (1).
He countersigns and carries out the Orders of the King-Sovereign.
» ART. 2. — The Secretary of State is assisted, besides the
Chief of his Office, by a Treasurer General, and three Secretaries
General, appointed by Us. The duties of these officials, foras-
much as they shall not have been defined by Us, shall be regu-
lated by the Secretary of State. He may, to the extent he thinks
fit, delegate to these officials part of his administrative duties.
» ART. 3. — The Secretary of State regulates the organization
and the duties of the various Departments of the Central
Government. He appoints the officials up to the rank of Head-
Clerk. He fixes their salaries, within the limits of the Budget
provided by Us. »
2. — THE THREE DEPARTMENTS (2). — THE TREASURY.
The organic Decree of the Central Government, issued by
the Secretary of State on October 10, 1894, includes the
following provisions.
« ARTICLE FIRST. —The Central Government includes, beside the
(1) By Order of the King-Sovereign, Baron van Eetvelde has taken
charge, at the date of the Decree, of the superior direction of all the
Departments of the Central Government. (Bulletin officiel, October, 1894.)
(2) The Secretaries General of the three Departments are : M. le Che
valierdeCuvelier (Foreign Affairs and Justice), M. Droogmans (Finance)
and M. Liebrechts (Interior). The Treasurer General is M. Pochez. The
Comptroller General is M. Arnold. The Chief of the Office of the Secretary
General is M. Baerts.
206 THE DEPARTMENTS
Office of the Secretary of State, the Treasury General, the
Department of Foreign Affairs, Finances and Interior, respecti-
vely administered under the high direction and control of the
Secretary of State by a Treasurer General and three Secretaries
General, appointed by the King-Sovereign.
» AKT. 2. — The duties of these officials are defined as
follows :—
» Treasurer general.
» General Audit of income and expenditure of the State;
Public Debt, service of the Treasury. »
» Secretary General for Foreign Affairs.
» International relations, Diplomatic and Consular service ;
extradition, «etat civil, » successions, etc. of foreigners, harbours
and roadsteads, trading companies, emigration, posts and tele-
graphs, judicial organization, civil, commercial and penal legis-
lation, charity, public worship and education.
» Secretary General for Finances.
» General budget of the State, establishment and collection of
taxes or duties of all kinds, commercial and monetary questions
and statistics, home and foreign trade, land system, surveys,
mortgages, State, concessions of domain, the Congo railway,
mines.
» Secretary General for Home Affairs.
» Administration and police of the provinces and districts,
public military force, ammunition and arms, Slate navy, trans-
port service, scientific collections, public health, medical
service, roads and communications, intendancy, public works,
building, maintaining and furniture of the State buildings, agri-
culture, industry and plantations, private domain of the State.
» ART. 3. — The Treasurer General and the Secretaries Gene-
ral ensure the progress of the various services placed under
their direction, according to the general instructions given to
them by the Secretary of State.
» They refer to the Secretary of State by a written report,
whenever business arises involving new principles or on which
the orders of the King-Sovereign must be taken. They refer to
him in every case involving the modification or construction,
THE DEPARTMENTS 207
orders, regulations or written instructions of the Central Govern-
ment or the Governor General.
» ART. 9. — The Treasurer General has the supervision over
the services of the general accountancy and treasury, under the
direct authority of the Secretary of State and according the
Decree of October 6, 1885.
» ART. U. — At the head of the office of the Secretary of State
is placed an official bearing the title of « Chief of the Office. »
He depends directly on the Secretary of State. »
An order issued by the Secretary of State under date of
April 16, 1896, creates a special service for controlling
the receipts and expenditure of the Central Administration.
An order of February 14, 1901, concerning this service,
contains the following provisions : —
« ARTICLE FIRST. — The service of the controle of the receipts
and expenditure of the State budget, established by the order of
April 16, 1896, is placed under the supervision of a Director
appointed by the King-Sovereign.
» ART. 3. — No payment being incumbent on the budget shall
be made by the Treasury except on the production of an order
issued by the competent service and bearing the signature of the
Control.
» ART. o. — The Control shall take special care that all
sums cither due to or intended for the State be paid without delay
to the Treasury. It shall apply for all necessary information
to that effect. It shall determine to which headings of receipts
the payments made refer. »
The staff of the various offices completes the list of the
officials composing the Central Goverment. The subdivi-
sions of the departments and the work in the various offices
are regulated by articles 18 and seq. of the Order ot
October 10, 1894.
208 THE HIGH COUNCIL
3. — THE HIGH COUNCIL OF THE CONGO FREE STATE.
There is a High Councilor the Congo Free State connected
with the Central Government in Belgium ; it was established
by the Decree of April 16, 1889, the provisions of which
are as follows : —
« ART. 1. — A supreme Court, the seat of which is in Brus-
sels, is instituted under the name of « The High Council. »
» ART. 2. — The High Council, as Cour de Cassation, shall take
cognizance of appeals lodged against all final decisions in civil
and commercial matters.
» Such appeal must be based upon infringements of private
law or of international law, or upon inobservance of formal
rules, either substantial or prescribed under penalty of the pro-
ceedings being null and void.
» In the case of the former decision being reversed, the Coun-
cil shall decide the case upon its merits.
» ART. 3. — In civil and commercial matters, when the
amount in dispute is above 25,000 francs, the High Council shall
take cognizance of the appeals lodged against decisions delivered
by the Court of Appeal at Boma.
[In criminal matters the High Council shall take cognizance of
any offences committed by the judges and officers of the public
prosecution according to articles 57 and 58 of the Decree of
April 27, 1889. Decree of October 8, 1890.]
» ART. 4. — The High Council is composed of a President,
Councillors, Auditors and a Secretary, all appointed by Us.
» The Secretary and the Auditors have no deliberative vote.
» The duties of the Auditors shall be to report on the
matters brought before the Council.
» ART. 5. — Except in special cases where a larger number
of Councillors might be required by Us, the decisions shall be
delivered by five Councillors in case of article 2, and by three
Councillors in case of article 3.
THE LOCAL GOVERNMENT 209
» No Councillor may be called upon to decide upon an appeal
lodged against a decision in a case in which he formerly sat.
» ART. 6. — The members of the High Council shall give their
opinion upon all questions about which We may deem fit to
consult them.
» ART. 7. — Subsequent Decrees shall regulate the procedure
before the High Council and the manner in -which its attri-
butions shall be exercised. »
The regulations foreseen by article 7 have been laid
down in the Decree of October 8, 1890, to which is to be
added a Decree of March 24, 1893, creating a Permanent
Committee within the Council and the order of July 2, 1898,
creating a Registrar's Office for the High Council.
4. — THE AUXILIARY INSTITUTIONS LOCATED IN BELGIUM.
As institutions distinct from the Government, but being
auxiliaries of the Government Departments, the « Saving
Bank » (Caisse d'epargne) established by Decree of Decem-
ber 9, 1891, must be mentioned; also the Congo Museum
at Tervueren, which, according to a Decree of Decem-
ber 3, 1902, is to be reconstructed and enlarged; the
Red-Cross Society for the Congo and Africa, established
by Decree of December 31, 1888, and recognized in 1889
by the Central Committee of Geneva.
II.
The Local Government.
The seat of the Local Government is at Boma. It is
placed under the superintendance of a Governor-General.
14
210 THE GOVERNOR-GENERAL
The Local Government was organized by Decree of
April 16, 1887, modified by the Decrees of June 22,
1889, and February 28, 1890.
1. — THE GOVERNOR-GENERAL.
The Governor-General is appointed by the Sovereign as
his personal representative to administer the territory.
He exercises his functions under the supervision of the
Central Government, but with the freedom of action ren-
dered necessary by his residence in the heart of the count ry
he governs. Article I of the fundamental Decree defines
the character and the principal mission of the Governor-
General : —
« The Governor-General represents the sovereign authority
in the territory of the State. He has the duty to administer the
country, and to carry out the measures decided upon by the
Central Government.
» The Governor-General has the supreme control over all the
administrative departments and military services established in
the State. »
According to article 6 of the fundamental Decree, the
Governor has the power of issuing Decrees or ordinances
under the conditions already mentioned.
According to article 7 he is invested with the power of
making regulations in administrative matters and in mat-
ters of police, which power is defined as follows : —
« The Governor- General is empowered besides to make all
regulations to be observed in matters of police and of public
administration.
THE GOVERNOR-GENERAL 211
The aforesaid regulations may enact penalties not exceeding
seven days of penal servitude and 200 francs fine.
In the following chapter we will examine the functions
of the Governor in police matters. The powers conferred
on him by article 7 are exercised in form of decisions.
Unlike the orders, the decisions are enforceable without
approbation by the Sovereign being necessary.
The principal assistants to the Governor in the Local
Government are appointed by the Sovereign, but, according
to article 4 the Governor has the right, in case of neces-
sity, to fill provisionally the vacancies occurring on his
staff.
According to article 5 of the organic Decree, the Gover-
nor-General is also authorized, if he deems fit for the good
administration of the country, to commission for a maxi-
mum of one year, a functionary intrusted with the inspec-
tion or the administration of a part of the State territory.
A commission-letter states the extent and duration of the
f
powers so deputed to the said functionary by the Governor-
General. The Governor's right to confide special missions
connected with his functions and the requirements of the
Local Government is, in all respects, of a general cha-
racter.
In regard to the case of absence or incapacity of the
Governor, the article 8 of the organic Decree provides for a
system of casual interims, — so as to always secure for the
administration the presence of a head.
The Sovereign may appoint a Vice-Governor, either
to assist the head of the Local Government or act as Gover-
nor-General.
212 THE ADVISORY COMMITTEE
2. — STATE INSPECTOR.—
THE SECRETARY GENERAL'S OFFICE.
DIRECTOR'S DEPARTMENTS.
In addition to the Vice-Governor, the Governor-General
is by virtue of article 2 of the organic Decree, assisted by a
State Inspector, a Secretary-General and one or more Direc-
tors, all of whom are appointed and dismissed by Decree.
So far as the duties of said functionaries arc not determined
by a Decree, they are dictated by the Governor-General.
The title of State Inspector and that of Commissioner-
General are sometimes bestowed upon various functiona-
ries, as ranks in the administrative hierarchy, without
modification or specification of their attributions.
There are seven directors' departments viz. : —
Director of the Department of Justice ;
» of Conveyances, Marine and Public-Works ;
» of Intendancy ;
» of Agriculture and Industry;
» of the Defensive works ;
» of the Public Force ;
» of Finance.
The State officials in the Congo, are 1,272 in number.
3. — THE ADVISORY COMMITTEE.
The organisation of an Advisory Committee, appointed
by the Governor and operating under his presidency, has
been regulated by articles 9 and 10 of the organic Decree
in the following manner, viz. : —
« ART. 9. — An « Advisory Committee » under the presi-
THE DISTRICT COMMISSIONERS 213
dency of the Governor-General is instituted and is composed as
follows, viz. : —
» The Vice-Governor-General, the State Inspector, the Judge
of Appeal, the Secretary-General, the Directors, the Curator of
land titles and a certain'number of members, not to exceed five,
to be appointed for one year by the Governor-General. The
Governor-General being absent or prevented, the Presidency
over the Committee is devolved on his representative whom
failing, to the President of the « Executive Committee. »
» ART. 10. — The Governor-General is to take the opinion of
the Committee in all matters of general interest requiring to be
dealt with, or to be referred to the Central Government.
« He is not bound to observe this advice. »
4. — THE DISTRICT COMiMISSIOSERS.
The general division of the territory from an administra-
tive point of view, is based on the districts. At the head of
this administrative division is a District commissioner.
Article 3 of the organic Decree relates thereto as fol-
lows, viz. : —
« District-commissioners represent the general administration
of the State in the circumscriptions allotted to them.
» Their duties, as far as they are not fixed by decrees or
orders of the Central Government, are laid down by the Gover-
nor-General.
» The District-commissioners and other officials of the State,
when they have not received their appointment from the Central
Government, are nominated by the Governor-General.
» The residence of said functionaries is designated by the
Governor-General .
» — The Decree of July 17, 1895 divided the territory into
fifteen districts, viz. : The districts of : 1. Banana; 2. Boma ;
3. Matadi; 4. the Falls; 5. EastKwango; 6. Kassai'; 7. Lualaba;
8. Stanley-Pool; 9. Lake Leopold II.; 10. the Equator; 11. the
214 THE DISTRICT COMMISSIONERS
Bangalas; 12. the Aruwimi; 13. the Ubanghi; 14. Stanley
Falls ; 15. Uele.
» Since then,various changes have been made in this original
division.
» The Lualaba-Kassal forms a single district.
» The District of the Stanley-Falls has been named Eastern-
Province (July 15, 1898). This province has been divided into five
administrative zones by the circular of December 23, 1900.
Said zones are : the zones of Stanley-Falls ; Upper-Ituri ; Pon-
thierville ; Manyema and Tanganika. Lastly, a part of these zones
is divided into sectors for the purpose of economic adminis-
tration.
» The District of Uele has equally been divided into five zones :
Rubi-Uele, Uele-Bomu, Makua, Hakraka, Lado.
» Then finally there is also a circumscription merely designa-
ted under the name of Ruzizi-Kivu territory. »
The District commissioner centralizes the administration
in the territory appointed to him. He attends to the exe-
cution of the decrees, orders, instructions and ordinances
of both the central and local Governments. His general
duty consists in improving the effective occupation of his
district, consolidating the authority of the State and
instructing the population in the civilizing mission aimed
at by the Government. He is required to regularly ad-
dress reports to the Governor.
The administration of the country, the protection of the
non-natives, the civilization of the natives, are also in his
duties. We will hereinafter lay stress upon the execution
of his mission as regards good order, when speaking of
the police. Amongst matters to which his careful atten-
tion should be specially directed, the instructions point out
the personnel of the stations and intercourse with the
commanders of posts, the recruiting for the public-force,
COMMANDERS OF SPECIAL MISSIONS 21 0
the economical system, the protection of missions, the help
to be afforded to private persons or to companies, and the
watch upon their mode of behaving ; the tutelar measures
concerning the negroes and the suppression of barbarian
practices; the colonies of native children; the execution of
the decrees and orders concerning slave- trading, arms,
spirits, etc.
S. — THE ZONE CHIEFS. THE POST COMMANDERS.
COMMANDERS OF SPECIAL MISSIONS.
If the district comprises zone-chiefs, they must exercise
their powers in accordance with the instructions of the
Government, under the control and authority of the
District-commissioner.
The Post-commanders are obliged to observe the
general rules in force in the State and are not to undertake
anything beyond the programme fixed for them by the Dis-
trict commissioner on whom they are dependent, without a
formal authority from said latter.
The intercourse between the commanders of special
missions and the District-commissioner may change accor-
ding to the character of said mission. Generally speaking
they are forbidden to be concerned in politics.
At the present time, there are in the Congo, 251 posts
and stations and 70 posts for culture and cattle bree-
ding.
« It is necessary, » state the Instructions, « that the
efforts of all the officials in one district be consolidated to
arrive at the realization of the programme, the execution
of which the District-commissioner superintends. »
216 THE NATIVE CHIEFTAINCIES
6. — SPECIAL ADMINISTRATIVE SERVICES.
Besides the general administration proper, there are as
many special services as experience proved to be neeted in
order to meet the various administrative requirements,
chiefly those of a technical kind. Such are : the sanitary
service, the service of land titles, the postal service, etc.
The sanitary service comprises, more particularly,
27 medical doctors, 20 sanitary commissions and 6 cow-
pox offices.
7. — THE NATIVE CHIEFTAINCIES. THE RESIDENTS.
The institution of native chieftaincies tends to tighten the
relations between the State and the natives, to consolidate
the authority of the Government on the populations, to pre-
pare their moral and physical transformation and to facili-
tate their regular contribution to the public work. The
decentralization of power that it produces in certain
respects, is balanced either by the connections between
the chiefs and the District-commissioners or by the appoint-
ment, to said chiefs, of residents, such as those exemplified
in the Dutch colonial organization.
The Decree of October 6, 1891, regulates as follows
the broad lines of the native chiefdoms : —
« ARTICLE FIRST. — In certain given regions, determined by
the Governor-General the native chiefdoms will be acknowled-
gad as such, provided the chiefs have, by the Governor-General
or in his name, been confirmed in the authority attributed to
them by custom.
THE NATIVE CHIEFTAINCIES 217
» ART. 2. — The governmental appointment will appear in
an official Memorandum, in duplicate originals, one of which will
be handed to the acknowledged chief, and the other kept in the
records of the local government.
» ART. 3. — The District-commissioners will draw up a
synopsis of the yearly prestations to be purveyed by the native
chiefs.
» ART. 4. — The native chiefs will .exercise their authority
according to usage and custom, provided same be not contrary
to public order, and in accordance with the laws of the State.
They will be under the authority and superintendance of the
Districts-commissioners or their delegates. »
The acknowledged native chiefdoms amount, up to date,
to 258 in number.
The institution of residents dates from the Decree of
January 29, 1892, as follows :—
« ARTICLE FIRST. — These functionaries represent the authority
of the State with the native chiefs ; they perform the duties of
their charge in accordance with a commission-letter handed
to them by the Governor-General or his delegate and within
the limits of the territory submitted to the authority of the
native chief.
» ART. 2. — The residents are appointed by the Sovereign.
» ART. 3. — They perform within the territorial limits men-
tioned in article 1, the duties of judge of the Court-martial, and
of police officer. »
We will add that the appointment of residents is very
unfrequent and that generally all matters in connection
with native chiefs devolve upon the District-commissioner.
CHAPTER IX.
The Police.
The mission of the police is to maintain social order.
When it effects this by wise measures calculated to
prevent or instantly check disturbances of social life, it
is the helpmate of Government. It provides for the mainte-
nance of order in the same way as the Government seeks to
further the interests of the community in general. It is
then styled the administrative police.
When it endeavours to re-establish order by tracking
those who have been guilty of a breach of the law and
handing them over to the Courts it is the auxiliary of
justice, and is for this reason styled the judicial police.
1. — THE ADMINISTRATIVE POLICE.
The rights of the police in their duly of maintaining
order throughout the country and in respect of every
element, persons or things, which might compromise it, is
delegated by the Sovereign to the Governor General,
subject of course to the obligation to conform to the
decrees, orders and instructions emanating from the sove-
reign authority.
THE POLICE 219
The duties of police, entrusted to the vigilance of the
Governor, are as important as they are various; such for
instance are the security of the State, the public peace, the
sanitary supervision, the protection of persons and things,
the peaceable use of advantages common to all, the security
in business transactions, the respect of public order in
every branch of social activity.
The action of the Governor in these various circum-
stances at one time takes the form of general regulations,
at other times the form of special measures or dirctions.
Independently of his power to issue edicts under all
circumstances, article 6 of the Decree organizing Local
Government, as also article 7 of the same, expressly
authorizes the Governor General to make police regulations
in the same way as administrative regulations and to enforce
them under penalties not exceeding 7 days of penal servi-
tude and 200 frs. tine.
As a matter of fact we can show quite a number of rules
and regulations laid down by the -Governor relating, for
instance, to the police entrusted with the supervision of the
roads, markets, caravans, railways, navigation, fires,
interments, wine shops, sports, etc.
In order to carry out his mission and be able to main-
tain the public peace, the Governor General has at his
disposal the public force. In the Decree of Novem-
ber 26, 1900, article 1 contains the following clause : —
« The Governor exercises the supreme command over the
public force in the Congo. »
And the Decree organizing the Local Government adds : —
« He has complete control of all the military services esta-
blished in the State. »
220 THE POLICE
It is he who divides up and apportions the various
Companies to the different districts, zones and territories,
in accordance with a plan approved of by the Sovereign.
It is he again who organizes and establishes, in case of
need and in the interest of public peace and order, the
local police bodies.
« These bodies exist at the present time at Banana (Order of
October 5, 1891), at Matadi (Order of November 5 and Decem-
ber 7, 1897 , at Leopoldville (Order of September 8, 1898), at
Stanley Falls (Order of January 31, 1898), and at various points
of the railway lines of the Congo and of Mayumbe. A decree
of September 2, 1900, organizes a police corps in Katanga. A
decree of October 13, 1902, organizes an auxiliary police force
for the railway of the Upper-Congo. »
Should the public peace be disturbed in any district,
the Governor has the right to place that region under
special military jurisdiction in accordance with the
Decree of December 22, 1888.
The principal subordinate officers or deputies to the
Governor General in the interior of the country are entitled
likewise to exercise the fullest Powers for the maintenance
of order and for upholding the authority of the State.
Referring to the District Commissioners, article 7 of
the Order of November 14, 1893 reads as follows : —
« The District Superintendent holds the troops at his disposal,
outside of the drill hours established by the daily service order,
and, in case of emergency for a military operation, they are at
his absolute disposal at any time. »
This observation applies to the troops within his juris-
diction, for out of their own districts the Commissioners
can appeal for aid, but cannot requisition troops. As to
the camps of instruction, they cannot requisition men from
THE POLICE 221
the camps in their jurisdiction, except in case of grave
danger for the security of the district and after having
reported to the Governor on the subject.
Let it be noted also that, by the terms of article 19 of
the Decree of November 26, 1900, when the public safety
requires it, all State employes, whether officials or labou-
rers (Judges excepted) can be ordered to take up arms by
the District Commissioner, the Officer of the Zone, or the
Territorial Commander.
2. — THE JUDICIAL POLICE.
As regards the Judicial Police, the Decree of April 30,
1887, forming title VI of the classified rules on the
Judicial Organization, reads as follows :
« Our Governor-General is authorized to appoint judicial
police officers invested with authority to report upon breaches
of the law and to issue summonses in the territorial districts
assigned to them. He specifies the offenses which it is their
duty to detect.
» He decides upon their mode of procedure and the extent of
their powers in cases of seizure, searchings, preventive deten-
tion and the requisition of the public force. »
The order of the Governor-General, dated April 22, 1899,
and several subsequent orders have provided measures
foreseen by the regulations, and drawn up a list of judicial
police officers, specifying their jurisdiction both as regards
the breaches of law that they should point out and the
territorial districts which concern them. This list is
made up with a view to its adaptation to the special
situation of the territory and of the Government, as well
as to the State and to the need of a serious repression.
CHAPTER X.
Justice.
The organization of justice corresponds with the douhle
mission to be fulfilled by the Government, to solve the
essentially judicial litigation which can arise in social life,
and to punish in conformity with the law the violation of
social order.
The judicial system in the Congo, perforce of a some-
what elementary character at the beginning has developed
in a remarkable manner. It comprises a system of civil
and military Courts, of which we are going to explain the
organization and jurisdiction.
I.
Organization and jurisdiction of the courts.
1. — THE TRIBUNAL OF FIRST INSTANCE AT BOMA.
There is a tribunal of First Instance whose jurisdiction
extends over the whole of the State. It sits in Boma, but
it can also sit in the various localities. According to the
Decree of April 21, 1896, the tribunal of First Instance
JUSTICE 223
is composed of a Judge, a Public Prosecutor and a
Registrar (art. 1). '
The Judges are appointed for a term of five years dating
from the Decree of nomination. The holders of office are
appointed by Decree ; substitutes can be attached by the
Governor to the different jurisdictions. The necessary
qualifications are formulated by article 6 of the organic
Decree ; for eligibility there is no condition required as
regards nationality.
The Tribunal of First Instance at Boma has a general
jurisdiction in all civil, commercial and criminal cases.
With regard to the litigants, we have already in a pre-
vious chapter, pointed out the cases in which the tribunal
can in questions of private litigation hear the disputes
between two natives and the cases in which, in penal
questions, the natives can be send back to the effective
jurisdiction of the local Chief in view of the application of
native customs.
2. — TERRITORIAL TRIBUNALS.
Besides the Tribunal of First Instance, there are territo-
rial tribunals established successively by the Governor-
General in the following localities in pursuance of the
powers conferred upon him by article 21 of the organic
Decree :
1. Matadi; 2. Leopoldville; 3. Coquilhatville ; 4. Nouvelle-
Anvers; 5. Basoko; 6. Stanleyville; 7. Albertville (Tod); 8. Lu-
sambo ; 9. Popokabaka ; 10. Chief-Station of the High-Luapula
section ; 11. Chief-Station of the Loraami section.
These tribunals are constituted on the same general
224 JUSTICE
lines as the Tribunal of First Instance at Boma except for
the derogation that the Governor-General can bring to bear
in case of absolute necessity resulting from insufficiency
of staff. The jurisdiction of the territorial tribunals in
matters of repression is the same as the Tribunal of First
Instance at Boma. According to the Decree of April 27,
1889, articles o and 60, §§ 1 and 2, the territorial tribu-
nals take cognizance of all offenses committed either within
their jurisdiction or even outside of it if the prisoner
resides in the circuit or is found there.
The territorial tribunals, whose jurisdiction is not yet
extended to civil and commercial cases, are to receive this
additional extension.
3. — THE COURT OF APPEAL AT BOMA.
A Court of Appeal is established at Boma. By the
terms of the Decree of April 21, 1896, it is composed of
a president, two judges, a public prosecutor and a
registrar. The president and the judges are appointed by
Decree for a term of five years dating from the Decree of
nomination.
Article 5 of the organizing Decree decides the qualifi-
cations for eligibility ; as regard to nationality no condition
whatever is required.
The Court of Appeal of Boma hears appeals against
judgments given by the Tribunal of First Instance and by
the Territorial Courts.
JUSTICE 225
4. — THE PUBLIC PROSECUTOR'S OFFICE IN THE CONGO.
By the Decree of April 21, 1896, the office of public
prosecutor is exercised by a State Attorney assisted by
Peputy-Altorneys. The State Attorney is appointed by
Decree. The Deputy-Attorneys are attached to the staff of
such and such a Court by the Governor. The definitive
appointment is subject to the same conditions as the nomi-
nation of judges at the Tribunal of First Instance.
The State Attorney exercises his office under the supreme
authority of the Governor. Deputy-Attorneys act under the
supervision and direction of the State Attorney.
5. — THE COURT OF APPEAL AND THE COURT OF CASSATION
ESTABLISHED IN BRUSSELS.
In the preceding chapter we explained the institution of
the Conseil superieur de Vfitat constitutes a which Court
of Appeal and a Court of Cassation.
We indicated at the same time the jurisdiction of these
Supreme Courts.
6. — COURTS-MARTIAL. —
MILITARY COURT OF APPEAL AT BOMA.
By the Decree of October 22, 1888, Courts Martial have
been instituted for taking cognizance of offenses committed
by officers, non commissioned officers, corporals and private
in the State army.
In the early history of the Congo Free State, \vhen civil
15
226 JUSTICE
jurisdiction had not yet been organized in the Upper-
Congo, the Courts-martial, composed entirely of military
elements, \vere by the force of circumstances established
as the only judicial authority to judge all offenders.
But this state of things, permissible during the period of
opening up a new country must evidently disappear with
the progress of organization. Therefore the jurisdiction
of Courts-Martial is at the present time limited to the trial
of military delinquents; it is only in exceptional cases
when the circumstances require that a certain territory
should be put under military discipline, that civilians may
be prosecuted before the Court-Martial. And even in these
cases it is only the ordinary Penal Code which is applied
and the right of appeal is expressly open to them before
the Civil Appeal Court at Boma.
Let it be noticed also that in pursuance of the Decree of
October 30, 1895, article 1.
« The Tribunal of First Instance of the Lower-Congo alone is
competent to the exclusion of Courts-Martial, to take cognizance,
in the first instance, of offenses committed by persons of Euro-
pean extraction that the Penal Code punishes by the sentence of
death. »
A succession of orders have instituted Courts-Martial in
the following localities and camps : —
« Boma, Matadi, Tumba, Leopoldvile, Coquilhatville, Kutu,
Nouvelle-Anvers, Libenge, Basoko, Banzyville, Djabbir, Uere,
.\\angara, Van Kerckhovenville, Avakubi, Stanleyville, Ponthier-
ville, Xyangwe, L'vira, Lake Kivu, the chief stations of the
Lomami and Tanganika sections, Albertville, chief-stations of
the Mocro and the Luapula sections, Popokabaka, Lusambo,
Umangi (camp , Lisala (camp), Redjaf-Lado, Headquarters of the
flying column of the Province- Or ientale. »
JUDICIAL PROCEDURE 227
The Decrees of October 22, 1888, and December 24,
1896, have instituted at Boma a Military Court of Appeal,
composed of the president of the Court of Appeal and of
two other members appointed by the Governor-General,
who should have the rank of officer. The State Attorney
fulfils the office of Public Prosecutor to this Court.
In the organization of judicial authority in the Congo of
which the expenses appear in the State budget for a sum
of 900,000 frs. , the tender. cy of the Government is
to succed by progressive steps in establishing in the Upper-
Congo Civil Courts simular to those which exist in Lower-
Congo, and composed of professional judges. They intend
also to create a Court of Appeal which will sit either at
Stanleyville or at Nyangwe.
II.
Judicial procedure.
« The civil and commercial proceedings before the Tribunals
of First Instance and the Court of Appeal in the Congo are
governed by the ordinance of May 14, 1886 to which must be
added the ordinance of November 12, 1887 approved by the
Decree of May 3, 1887 on the seizure of properly, by the Decree
of February 4, 1887 on the expropriation for cause of public
utility, by the ordinance of September 21, 1886, approved of by
the Decree of March 18, 1887 on bankruptcies.
» The civil and commercial proceedings before the Conseil
superieur are icgulatcd by the Decree of M;.y 4, 1891, modified
by the Decree of April 6, 1893 and the order of the same d;ite.
» Criminal proceedings are rrgulated before the Tribunal of
First Instance by the combined Decrees of April 27, 1889 and
228 JUDICIAL PROCEDURE
April 21, 1896. The Decree of November 18, 1897 adds a few
provisions for the Court of Appeal proceedings.
» The order of June 21, 1889 decides that the proceedings
before the territorial Courts will be the same as those for the
Tribunal of First Instance in repressive matters.
» The proceedings before the Courts-Martial are governed by
the Decree of December 22, 1888, articles 10 to 18, 25 to 27. »
III.
The operations of the Courts.
Neither Congolese justice nor any other human justice
can claim to be infallible. It shared, especially in its
origin, the imperfections due to the installation of a
judicial service in a new country.
It is only fair to recognize, however, lhat in no colony
where principles of civilization are only being introduced,
has such a powerful and positive effort been made with a
view to organizing a regular and impartial system of jus-
tice. It is not by exaggerating or distorting one or two
facts and transposing them into complaints that one can
alter this conclusion.
We have shown the really remarkable progress in that
wlrch concerns judicial organization. A word on the
application of Ihe laws by the judge.
I. The Government closely watches this application.
All the instructions given and the events bear witness to
this.
« The Government wants justice to be rendered impartially :
as it is necessary that offences committed by natives should not
JUDICIAL PROCEDURE 229
remain unpunished, so penal law must also be applied to the
whites who might be guilty of illegal doings (1). »
II. The Government has given exceptional pledges of
the impartial firmness of its will in this respect.
« The mere fact of having constituted a Superior Appeal Court
with judges of different nationalities and of appointing foreign
lawyers and magistrates (especially Italians) as judges and
officials of the lower courts in the interior of the country is a
proof and a more than evident guarantee of the impartiality and
seriousness of the judicial administration of the State (2). »
III. The inquiries ordered by the State each time that
wrong doings have been reported duly and in a specific
manner, and the prosecutions undertaken when necessary,
are evidence of the vigilance and impartiality of the
Public Prosecutor.
« Such a repressive system furnishes to those who now
accuse our agents of the most heinous offences, an easy way to
show whether their accusations have any ground. If they have
really in view the welfare of the natives, and desire their inter-
vention to be of practical value, let them apply to the regular
Courts and bring before them all necessary particulars so as to
allow a prosecution. It is easy enough indeed to lodge with
the Public Prosecutor a complaint with sufficient particulars
after having witnessed an offence (3). »
The Rev. Mr. Grenfell, of the Baptist Missionary
Society, a man who knows the situation belter than any-
body, does not hesitate to bear the • following testimony
to the State.
« I can certify that the superior authorities of the Congo State
(I) Rappnrt au Roi-Souverain du 21 mai 1897.
02) Letter from 1}°" (1. Nisco, Judge of the Appeal Court at Boma, to
the Don Marzio of Naples, of the 21 and 2-2 March 1903.
(3) Report to the King-Sovereign, dated January 23, 1897 .
280 JUDICIAL PROCEDURE
have never taken amiss just criticism or the reporting of repre-
hensible conduct on the part of certain agents (1). »
Furthermore, with a view to render easier the lodging
of any bona fide complaint, the King-Sovereign has appoin-
ted a Committee for the protection of the natives. This
Committee is composed of prominent members of philan-
thropic and religious societies in ihe Congo, belonging
half to the Protestant and half to the Catholic religion.
We deal further with that Committee later on.
IV. It appears from the statements concerning justice
which are regularly published by the Government, that ihe
Courts fulfill in an efficient manner their duty, without
guilty complacency, especially with regard to acts of ill-
treatment of tli3 natives by white men.
« High State officials have been tried and sentenced for mere
blows. Only a few months ago, an officer of the Public Prose-
cution was dismissed and tried for having by mistake carried
out a sentence against a native before the expiration of the time
for appealing. One of the latest appeal sentences signed by me
last January, before my return on leave, was the final sentence
for life, of a Belgian agent of the State charged with cruelties
committed against natives.
» And the sentences passed by the Courts are rigorously
undergone. A notice issued long since by the Governor decla-
res that persons sentenced for assault on natives have nothing
to hope from the Royal clemency. And, as a mailer of
fact, I do not remember the King having exercised his clemency
in such cases for several years past, in spite of pressing and
repeated demands (2). »
Coicerning barbarous customs, repression is only
(1) Le Congo beige, August 18, 1896, p. 100.
(2) Letter of Baron Nisco, quoted above.
JUDICIAL PROCEDURE 231
limited by the real impossibilities which, in many instances,
hamper its action and which are recognized by all sensible
men.
V. The administration of justice in the Congo is of such
an impartial and protecting character and is so highly
appreciated by the natives themselves that they come in
ever-increasing numbers and from great distances to
submit to the jurisdiction of the whites.
VI. The working of the Courts is seriously overlooked
so as to enable the Government to see that the procedure
be regularly applied.
This is far different from the state of affairs depicted by
grievance-mongers, who exaggerate facts, generalize isola-
ted cases, and, while expecting impossibilities, seem
indeed to have for their only purpose, to create difficulties
for the State in Africa and Europe.
CHAPTER XI.
The Domain.
Territory is that part of the globe over which a State
exercices its sovereign rights; it is the material basis of
sovereign influence.
The mere fact of the acquisition of a political sovereignty
over a certain territory does not in itself confer on the Sove-
reign—at least according to modern law— the ownership
of all property over which private individuals have acquired
rights. But the recognition of these same rights, the
fixing of just titles of acquisition, the regulation of the
legal system relating to property and especially of the con-
dition of vacant land, all that constitutes an essential
attribute of sovereignty, in conformity with the necessities
of public order and the general welfare of society.
As a sovereign and independent State, the Congo State
has been, .and continues to be, invested with that prero-
gative.
In appropriating vacant and ownerless land, the State
has made a lawful use of an indisputable and perfectly
legal right, sanctioned by international custom and acknow
ledged by the law of nations.
THE DOMAIN 233
When regularly in possession of vacant land, is it expe-
dient for the State to appropriate certain portions for public
uses, — to transfer other portions gratuitously or for a con-
sideration, \vith full rights of ownership or wilh the right
of using them only, to private individuals, — to preserve
other parts for revenue purposes, by means either of direct
administration or of tenure, with a view to employ the
revenue according to the needs or convenience of the
State ? That is a question of internal administration which
may be discussed theoretically, as we have already observed,
but which must be left, in practice, to the sovereign deci-
sion of the State.
\Ve shall now examine with official documents the
organization of the land system in the Congo Free Slate.
"We must first remember that, before the State was founded,
the few European business-men and missionaries, who
were established in the Lower Congo, were occupying
the soil under precarious conditions, by virtue of agree-
ments passed with native chiefs. These agreements
generally collapsed as soon as the occupation ceased to be
actual, so that it may be said that land ownership really
did not exist. As to the land cultivated by the abori-
gines, the right of its occupation by the natives was settled
by local custom, or by tho authority of the chiefs.
Hunting and fishing contributed with agriculture, which
existed only in the neighbourhood of the villages, to provide
the natives with food.
234 THE DOMAIN
1. — STARTING POINT AND DEVELOPMENT OF THE LAND
SYSTEM OF THE STATE. -- RESPECT FOR THE VESTED
RIGHTS OF THE NATIVES AND FOREIGNERS.
The starting point of the land system of the Congo Free
State is to be found in the Order of the Governor-
General Sir Francis de \Vinton, dated July 1, 188o. It
runs thus :
« A Decree of the Sovereign will presently request all non-
natives who now possess, by any right whatever, land situated
within the territory of the Congo Free State, to make an official
declaration, describing the land in question, and submitting their
titles to be examined and approved by the Government. The
object of the said Decree will be to secure, in the prescribed
form, the acknowledgement of acquired rights, and to make the
regular organization of land property in the said Slate, possible
in the near future.
» In the meantine, with a view to avoiding disputes and
abuses, the Governor-General, duly authorized by the Sovereign,
orders as follows : —
» ARTICLE FIRST. — Dating from the publication of the present
proclamation, no contract or agreement with the natives for the
occupation of portions of the land will be acknowledged or
protected by the Government, unless the said contract of agree-
ment has been made in the presence of a public official, com-
missioned by the Governor-General, and according to the rules
laid down by him each particular case.
» ART. 2. — No one has right to occupy without title
any vacant land, nor to dispossess the natives from their land ;
all vacant land must be considered as belonging to the State.
» Vivi, July 1, 1885,
» F. DE WlNTON. »
This Order practically divides all land into three cate-
THE DOMAIN 235
gories: landappropriatedbynon-natives, before July 1, 1885,
which must be officially registered and submitted to a regu-
lar measurement ; land occupied up to the same date by
natives, whose rights are respected, and whose subsequent
contracts involving a transfer of property are given public
guarantee and protection ; finally, land which has neither
been appropriated by non- natives, nor occupied by
natives : such land, whether used by the State or not, is
considered State property.
Respect for the rights of ownership acquired, under the
precarious conditions of which we have spoken, by non-
natives before tin date of the ordinance of July 1, 1885,
has been practically secured and organized by the Decree
of August 22, 1885, in which we remark the following
provisions : —
Considering that it is necessary to take steps to recognize the
rights of non-natives who acquired property situated in the
Congo Free State before the publication of the present Decree.
« On proposal of Our Council of General Administrators,
» We have decreed and do decree as follows :—
» ARTICLE FIRST. — Non-natives who have rights to substan-
tiate on land situated in the Congo Free State, may have them
registered by presenting a request for registration in the form
prescribed by the following regulations : —
» This request must be presented in duplicate, before
April 1, 1886, to the public officer who will have to record the
deeds of land.
» Our Governor-General has the power to authorize the ad-
mission, after this date, of demands for registration, wrhich for
some exceptional reason, could not be presented within the pre-
scribed time.
» ART. 8. — The manner in which requests for registration,
will be controlled, shall be settled by Our Governor-General.
236 THE DOMAIN
» When a non-native shall have duly proved his rights over
a portion of land, the Recorder of Deeds shall give him a regis-
tration certificate which shall constitute a legal title of occu-
pation until such time as the land system has been definitely
settled in the Congo Free State.
» Given at Ostend, August 22, 1885.
» LEOPOLD. »
In fact, the authorities did not show themselves over
severe in the application of formalities to the acknowledge-
ment of acquired rights, and they admitted almost every
claim, however slight its foundation.
The special object of the Decree of August 22, 1885,
was the registration of land already appropriated by non-
natives when the State was formed, and the operations
which their registration was to involve.
The Decree of September 14, 1886, has formulated in
a general and definite manner, for the present and the
future, the fundamental principle of the land system : —
« ARTICLE FIRST. — All existing rights or any which may be
acquired in the future over lands situated in the Congo Free
State, in order to be legally recognized, shall be registered by
the Keeper of the land deeds, in accordance with the provisions
which shall be prescribed by Our Administrator-General in the
Congo.
» Any act such as to alter the position of real estate in regard
of the law shall also be registered by the Keeper of the land
deeds. »
All unfenced estates must be marked out according to
the rules prescribed by the law.
The measurement of lands is compulsory, and is
carried out by official land surveyors, at the expense of
the parties concerned on the basis of a tariff fixed by the
Governor-General.
THE DOMAIN 237
In order to simplify as much as possible the formalities
of the acquisition or transfer of real estate, whilst main-
taining all necessary guarantees for such acts, the Govern-
ment has introduced from the beginning (1885) a system
of survey and registration known under the name of the
Torrens Act. The choice as regards the form of the
deed of sale is left to the parties who may have it drawn
up under private form or under the authenticated form.
When a sale is made by the State, a deed is drawn up and
the portion of land is measured by the Government land-
surveyors, who hand the plan over to the Keeper of the
land deeds ; when real estate already well-known and
registered is to be transferred, the parties present them-
selves personally or by agent before the Keeper of the land
deeds to have the sale ascertained or they hand over to
him the deed of sale, the signatures of which must be
attested and at the same time they return the registration
certificate formerly delivered. In both cases the Keeper
of the land deeds gives the purchaser either an original
certificate of registration, or a new one when he has can-
celled the former certificate, which must be given back to
Mm. The transfer may also be inscribed on the former cer-
tificate, which is in that case handed over to the new owner.
It is that official certificate, the duplicate of which is
kept in the « Registration Book » under the care of the
Keeper of the land deeds, which constitutes the title of
ownership. On that certificate are mentioned the condi-
tions of the sale as well as the incumbrances (conditions
of payment of price, easements, obligations concerning
cultivation, mortgages, etc.). No right to the land can be
claimed if it has not been registered.
238 THE DOMAIN
Hence results that in order to obtain information about
the legal condition of real estate, it is sufficient (o send for
the copy of an extract from the folio of the registration
book (duplicate of certificate).
It is to be remarked that in regard to the law no encum-
brance exists if not inscribed in the Registration book.
The formalities of registration are most simple and the
Certificate of registration only costs 25 francs. The trans-
mission of real estate, as pointed out by M. Janssen (1),
is thus as easy as the transfer of stocks.
In the beginning, when it was often impossible to
proceed with measurements, and consequently to deliver
regular registration certificates, the Government granted
licenses of provisional occupation with a preferential right
for definitive acquisition as soon as the formalities for measu-
rement and registration could be properly complied with.
The Government also allowed to make direct arrange-
ments about land with the natives. Such arrangements
however could not be registered except after being approved
by the Governor.
For that temporary system was substituted later the rule
in virtue of which the State's authorities must always be
applied to, in case of anyone wishing to obtain the
disposal or use of some unregistered land, be it occupied
or not, more or less by natives.
The Decree of April 9, 1893 sets forth the rule as
follows : —
« Whoever wishes to purchase land other than that over
(1) Ribliolheque coloniale Internationale : Le Regime fonder aux
colonies, t. II, p. 1 1.
THE DOMAIN 239
which exist rights duly registered in the name of a third party
must apply to the Secretary of State, etc., etc. »
It seems impossible not to recognize the absolute legiti-
macy and correctness of the provisions made by the
Congolese authority on its territory in respect of private
property of non-natives.
The same correctness is conspicuous in the provisions
issued as regards lands occupied by the natives and sanc-
tioning the respect and protection of their rights on the
same lands.
We have already noticed how the Order of July 1, 1885,
prohibited, from the beginning, the dispossession of the
natives of lands occupied by them, and how it made the
purchase and lease of such lands subject to the sanction of
the public authorities.
The Decree of September 14, 1886, on that point, reads
as follows : —
« ART. 2. — Lands occupied by native populations under the
authority of their Chiefs shall continue to be governed by local
customs and uses. »
It is by refering to local customs and uses that the law
has sanctioned in their true purport and extent the rights
of occupation by the natives.
The same Decree of September 14, 1886, further sti-
pulates : —
« All acts or agreements which might tend to expel the
natives from the territories occupied by them or to deprive
them directly or indiiectly of their freedom or means of
subsistence, are forbidden. »
\Ye have observed, that it is invariably to the State
240 TUt DOMAIN
authorities that application must be made to acquire rights
of disposal or enjoyment over non-registered lands whether
they be more or lees occupied by natives, or not.
Consequently, direct land contracts, between natives
and non-natives have been abandoned.
Aiming specially at cases in which claims are mode
to obtain from the State, the sale or hire of lands occu-
pied partly by natives, clauses o and 6 of the Decree of
April 9, 1893 State that : —
« ART. 5. — In cases in which the land forming the object of
the claim is occupied natives, the Governor-General or his
delegate shall intervene to make arrangements with them if
possible, so as to assure to the claimants the cession or lease of
the land occupied, without the State having, however, to
support any financial charges on this account.
» ART. 6. — When native villages are enclosed in the land
acquired or let, the natives may, as long as the official measure-
ments have not been made, carry on agricultural pursuits
without the consent of landlord or tenant, on the' vacant lands
surrounding their villages.
» All disputes which may arise in the matter between the
natives and the grantee or tenant, shall be finally settled by the
Governor-General or his delegate. »
Let us also notice that the Decree of February 2, 1898,
appointing a land commission contains the following
provision under ai tide 2 : —
« The members of this commission shall specially examine : —
» 3rdiy. Whether the lands claimed should not be reserved
either on grounds of public utility or with a view of promoting
the development of cultivation by the natives. »
This is not all : The State was careful to respect not
only the bonitary occupations of natives but also the culti-
THE DOMAIN 241
vation of certain produce carried on by them for commercial
purposes. Difficulties having arisen as to the rights
acquired by the natives for the cultivation of india-rubber,
the Decree of December 5, 1892, ordered an enquiry with
a view to clearly defining the rights of the natives in the
cultivation of india-rubber and other forest produce in the
Upper- Congo territories prior to the promulgation o
the order dated July 1, 188o : these rights requiring to be
recorded in a special register kept by the curator of land
titles and this entry having to be legal evidence within the
limits of the registration. The result of this enquiry was,
in effect, reported by the chief magistrate under date of
July 28, 1894.
But this is not all. The working of mining products by
natives, under the Decree of July 1, 1885, is protected by
article 5 of the Decree of the June 8, 1888. By the terms
of this article : —
« The prohibition exacted by article 2. (Working a mine
without a special concession from the public authorities) does
not apply to the working of mines which the natives may continue
to work on their account on lands occupied by them. »
There are, moreover, two other provisions of some
importance to the natives : these are articles 9 and 10 of
the order of the Governor-General of November 8, 1886 : —
« ART. 9. — The issue of registration certificates does not
dispense the interested parties from observing, in their dealings
with the natives, existing local customs especially those relative
to royalties known as « coutumes de rations, » although these
royalties may not be mentioned in the certificates, among the
encumbrances affecting the property.
» ART. 10. — If, in consequence of the non-payment of the
16
242 THE DOMAIN
« rations » or « coutumes » usual in such cases, disputes occur
between the landed proprietor and the natives, the certificate of
registration may be cancelled by the Courts on the application
of the curator of land titles. »
2. — THE GENERAL ASPECT OF LAND TENURE
OF THE STATE.
Let us consider for a moment the status of the State's
land in the variety of the elements composing it.
I. We notice in this connection the landed property
acquired by the State previous to the decree of July 1 , 1885,
either as public property, by reason of its utilisation for
the permanent public service, such as rivers, roads, and
public edifices, or patrimonial property, by reason of ihe
mere taking of possession by the State with a view to the
disposal and enjoyment of the property in the same
manner as if it were a private individual.
II. We also notice landed property acquired by non-
natives previous to the same decree and for which they have
obtained a proper, stable and transferable title.
III. We find again landed property with regard to which
natives possess rights of bonitary occupation and custo-
mary cultivation, which rights are respected and protected
in their mode and tenor by the State.
IV. Finally we notice the patrimonial property which
the order of 1885 has transferred from the footing
of ownerless property to that of property disposable by the
Sovereign.
If we now observe in what manner the State exercised its
Sovereign rights as touching the primarily disposable
THE DOMAIN 243
elements of its properly, we are led to notice the following
categories of landed property :
\ . Property which has gradually become public property,
indefeasible and which cannot be transferred from the
State, territory whose extension is due principally to the
development of public works and government installations.
The ground on which railways have been constructed is
an example op this category.
2. Property no longer belonging to the State, having
been conceded with full rights arid tenure to private indi-
viduals and having therefore become their private pro-
perty. In this category may be classed land sold to
i »/ C7 V - V
colonists or allotted to religious missions or grants made
to contractors of public works.
3. Patrimonial property belonging to the State of which
certain rights are open to all in return for the payment op
a royalty or fixed tax. Such is the property included in
the districts specified by the Decree of October 30, 1892.
4. Patrimonial property belonging to the State leased
under various conditions and for longer or shorter terms
according to the nature of the enterprise.
5. Land coming under the head of private property
strictly so called. Its holding is determined by the Decree
of October 30, 1892, and is generally worked by the
Government.
6. Grown Lands. These are determined by the Decrees
of March 8, 1896 and December 23, 1901.
7. Land submitted to a secondary form of fructification
distinct from property worked by the Government or
leased.
We will recapitulate these several categories of pro-
244 THE DOMAIN
perly drawing attention to the principal features concer-
ning them. We will also add some remarks relative to
three points of special importance : the administration of
forests, thea dministration of mines, and the administration
of ivory.
3. — PUBLIC PROPERTY AND ITS EXTENSION.
To the State belongs the right to determine, among the
several elements forming its dominions, what part, by
reason of its nature or in virtue of a definite specification,
shall he considered public property, and for this reason
excluded from commercial enterprise.
The legislative enactments of the Congo Free State on
this point are at I he present time somewhat rudimentary
and refer only to navigable rivers and streams and to those
parts of the riverside which serve as roads (1).
Art. 7 of the Decree of August 9, 1893, reads as fol lows : —
(f Tidal rivers, navigable rivers and streams constitute public
property and are not capable of being converted into private
property. The same remark applies to the river-banks which for
a depth of 10 metres calculated from the high-water line during
the season of floods, are reserved as public roadways ; no one
on these riverside roads can plant, excavate or execute work
of any kind whatsoever without the express permission of the
Government. »
It may here be noted that the deeds of concession for the
railways are formulated in such a may that the ground
itself maintains its character as public property.
(1) Compare the Decree more fully developped of January 9, 1899, on
the public property of the French Congo.
THE DOMAIN 245
4. — LAND CONCESSIONS IN FREEHOLD.
There is no question, after that of a good administrative
organization, of greater consequence for the development
and prosperity of a young colony than the question of a
sound land system. Without laying down absolute prin-
ciples in a matter which does not allow of them, and the
consideration of exceptional cases being reserved, it is
generally recognised nowadays that the gratuitous allot-
ment of land and the granting of immense concessions
are not to be recommended as a main practice. We do
not intend to enter into the various systems discussed by
political economists concerning the distribution and appor-
tioning of land. These systems are generally well known
and we only intend to give here the necessary explanations
on the practice in the Congo Free State. With this object
in view let us distinguish between the sale of land in
accordance with an official tariff and the transfer of lands
granted as a subsidy.
All questions relative to the sale of land are examined
by a Lands Committee, appointed in accordance with the
following Decree : —
« ART. 1. — A Committee composed of at least five members
is hereby appointed to examine the applications forwarded to
the Chief Office, cither for the purchase or renting of land
belonging to the State, or for getting the grant of working the
products of the domains or the mines. These members shall
be nominated by Our Secretary of State.
» ART. 2. — The members of this Committee shall examine
more particularly :
» 1. Wh.ther the information given by the applicant is suffi-
cient to enable a decision to be taken ;
246 THE DOMAIN
» 2. Whether the applicant has complied with all the legal
formalities ;
» 3. Whether the 'land applied for is free— if there does not
exist on the said land any privileges or other rights for the
benefit of a third party,— if they should not be reserved, either
in the interest of public utility or in view of developing native
husbandry ;
» 4. To what conditions the grant of the application ought
to be submitted and what guarantees it will be necessary to
require in order to insure the proper working of the land
applied for;
» 5. If the limited Companies already existing or to be formed
with a view of working the land applied for fulfill every
condition required by the Government.
» The applications, accompanied by a report from the mem-
bers of the Committee shall be submitted to the Secretary
of State, and shall, if accepted, remain a schedule to the Decree
authorising the sale or grant of any part of the State's domain.
» ART. 3. — Our Secretary of State is entrusted with the
execution of the present Decree.
» Given at Brussels, February 2, 1898.
» (5.) LEOPOLD. »
Let us now point out the most important land conces-
sions granted in pursuance of special arrangements and
as subsidies :
» The Compagnie du Congo pour Le commerce et Vindustrie is
entitled, in pursuance of article 3 of an Agreement concluded
with the Congo Free State on March 26, 1887, to the free pos-
session of about 150,000 hectares.
» The Compagnie duchemin de fer du Congo, in pursuance of
article 2 of the agreement entered into with the Congo Free
State on November 9, 1889, has a right to the use of all the
ground necessary for the permanent way and its dependences,
to the entire ownership (the reserves specified in article 3 of the
agreement excepted) of all the land which it may claim so jc
THE DOMAIN 247
as the construction of the line progresses, within a zone of
200 meters on both sides of the permanent way,— and also the
entire ownership of 1,500 hectares of land for every kilometer
of the railway built and open to traffic.
» By an Agreement entered into in October 1901, the « Congo
Company for the development of Commerce and Industry » and
the « Congo Railway Company » renounced their claims to the
several plots of ground that they had already chosen in the
districts of the Busira and Mombyo. By the same agreement,
the Compagnie beige pour le commerce du Haul Congo, authorised
to work the lands of the two above-named Companies on
joint account, also gave up their claim to a few small plots of
ground that it possessed in that region. In exchange for these
renunciations a single block of ground situated between the
Busira and its affluent, the Salonga, was transferred by the State
to these Companies. This block of land, includes in addition
to territories on which they already had a claim in pursuance
of a preceding arrangement, 500,000 hectares granted by the
State in order to facilitate the working of this part of the coun-
try. The total amount of the lands possessed by these Compa-
nies in the basin of the Busira thus includes a superficial area of
about 1,200,000 hectares.
In pursuance of an Agreement of March 12, 1891, the Compa-
gnie du Katanga had a claim to the full possession of a plot of
lands also very extensive. By the Agreement of March 9, 1896,
this Company handed back to the State the possession of all the
land situated north the 5th parallel South of the Equator, which
had been granted in pursuance of article 9 of the Agreement of
March 12, 1891, the Slate giving in exchange the superficial
equivalent in land chosen by the Company among the
unoccupied grounds along each bank of the Lomami river
below Beni Kamba.
— The religious missions established in the Congo likewise
possess several thousand hectares of freeholds.
Assigning the limits of these territories would be a long and
especially an onerous operation. So the State and the Compa'
gnie du Katanga agreed of June 19, 1900, to amalgamate their
248 THE DOMAIN
properties comprised within the limits indicated above, and to
entrust the working of them to a mixed Committee, the Katanga
Special Committee (Comite special du Katanga), consisting of six
members of which four represent the State and two the Katanga
Company.
— The Societd des chemins de fer vicinaux du Mayumbe has
received from the State about 100,000 hectares of land situated
in the Mayumbe.
The land acquired by the Compagnie du Katanga in pursuance
of this arrangement is worked by the Compagnie duLomami.
The land remaining the property of the Katanga Company
constitutes a third of the territories comprised between the
southern and eastern frontiers of the State, the 6th parallel
South of the Equator, and the meridian 23° 54' east of Greenwich,
and are divided into blocks each of six geographical minutes
side.
5. — THE GRANTS OF USE.
Besides the system of absolute grants of lands, we
have to point, out the system of grants of use which has
been established by the Congo Free State, as far as the
working of india-rubber is concerned, in certain zones of
its territory. We see in that case the State granting to
all, with regard to certain products, the use of vast tracts
of territory, especially in the neighbourhood of the prin-
cipal commercial road where the trade is likely to reach
the greatest development.
While consenting such grants of use, the State deter-
mined the zones of territory where this system should not
be applied. The Decree of October 30, 1892, and the
Order of December 6 of the same year, organized this
system. The zones of territory not subject to grants of
THE DOMAIN 249
use were defined as follows by articles 2 and 3 of that
Decree : —
« ART. 2. — The working of india-rubber by private indivi-
duals shall not be allowed in the portions of the domain situated
in the following regions : —
» a] In the basins of the rivers M'Bomou and Ouelle above the
point where by joining each other they form the N'Dua, and,
below that point, in the zone which is to be found at more than
20 kilometres from the bank as well as in that situated within
a radius of 20 kilometres round three points to be fixed by the
Government on the bank of that river, the first below Zongo, the
second between Zongo and Banzyville, and the third above
Banzyville ;
» b) In the basins of the rivers Mongalla, Itimbiri and Aruwimi;
» c) In the basins of the rivers Lopori and Maringa above the
point where by their junction they form the Lulonga ;
» d) In the zone situated within a radius of 20 kilometres
around a point to be determined by the Government near the
junction of the Bussera and the Tchuapa.
» ART. 3. — When circumstances permit the working
of india-rubber shall be regulated in that portion of the domain of
the State lying in the basin of the Congo-Lualaba, above the
Stanley Falls, and in that of the Lomami, above 2° 3' South
latitude. »
6. — THE LEASES.
Number of properties have been given on lease in the
urban districts or in the territories the use of which has
been granted to the public. — The State usually gives these
lands on lease for a period of three, six or nine years
when for commercial purposes, and for a period of 20 to
50 years when the land is to be used for agricultural pur-
poses or for the establishment of religious missions.
250 THE DOMAIN
7. — THE PRIVATE DOMAIN AND ITS ORGANIZATION.
A Royal Decree dated December 5, 1892, decided
that the lands mentioned in the article 2 of the Decree of
October 30, 1892, form the private domain of the State.
The net income derived from this domain is affected to the
payment of public expenditure.
The administration of this private domain has been pla-
ced in the Department of the Secretary of State.
The Secretary of Stale lakes such measures as he thinks
expedient or necessary to exploit the lands of this private
domain. This exploitation takes place directly by the
Government or otherwise; in the former case it is effec-
tuated by the agents in the service of the Intendance
Department.
The provisions for the alienation of part of the domain
or regarding servitudes incumbent on the estate, are issued
by the Treasury Department.
The right of the State to the use of its domain is an
immediate consequence of the proprietary right over the
properly constituting this domain.
The necessity to exploit the latter, in view of procuring
for the State sufficient resources to balance the budget, may
be indispensable.
The advantages of such fructification in point of view of
lightening the charges demanded of the tax-payer under
the form of imposts are manifest.
The exploitation may also be used as a means of
accustoming the blacks to regular work and thus to
improve the moral and material condition of the natives.
THE DOMAIN
The State does nothing which is not perfectly lawful and
nothing besides what is universally allowable, in exploi-
ting itself its domain, in its immediately exploitable
elements, such as the domanial forests.
It does nothing, moreover, but what is lawful and in
accordance with the normal and universal practice in
endeavouring to introduce and to spread in its domain the
cultivation best suited to the soil, and by trying to develop
its agricultural industry under its various forms, together
with the auxiliary or complemental methods of this funda-
mental industry.
8. — INDIA-RUBBER COLLECTING.
The india-rubber collecting in the domanial forests, not
only constitutes the exercise of the right of property legally
acquired by the Stale over ownerless goods, but it can
support its claim, moreover, on a double title strongly war-
ranted. It is the State which found out the india-rubber
crops in its forests ; previous to its help the natives hardly
anywhere knew the rubber-creeper, or paid no attention
to it.
It is the State again which has organized afforestation
by making replantion compulsory fas we will shortly see)
and by inflicting penalties on those who overlook this
obligation.
The india-rubber collected in the domanial forests by
the State, is sold by anction in Antwerp (1).
(1) The importance of domanial forests in many countries is well
252 THE DOMAIN
Let us briefly examine the principles applied and the
most recent efforts made by the State in the exploitation of
its domain.
The State has been guided by two principles in this
exploitation organized with the co operation of the native
populations, the only available labour :
On the one hand, to ask the co-operation of the blacks in
a way adapted, to a certain extent, to their social and poli-
tical organization ;
known. Here are, for example, a few particulars concerning Japan.
According to official statistics of the Ministry of Agriculture at Tokio,
there were in 1900, in Japan :
DOMAINS OF THE STATE : Forests. Uncultivated lands. Total.
Cho. Ch6. Cho.
Of the Forests Department . . 7,580,208 663,126 8,243, 33i
Of the Hokkaido Government
(Yezo Island) 5,492,489 771,540 6,264,029
Seven Islands of Izu, Tokio Pre-
fecture 3,882 2,112 5,994
Total. 13,076,579 1,436,778 14,513,357
Crown Forests 2,091,786 157,174 2,248,960
Private forests (temples, public
institutions and private pro-
perty) 7,430,129 1,033,483 8,483,611
Total. 22,598,491 2,6i7,43* 25,245,928
This total is equal to 30 million hectares, viz. ten times the area of
Belgium. Below are some particulars regarding the exploitation.
In 1900, timber was cut down to the value of : —
Wood. Bamboo. Total.
Yen. Yen. Yen.
In State Forests 1,694,148 12,830 1,709,061
In Forests of the Hokkaido Go-
vernment 186,893 2,083 186,893
In Crown Forests 437,035 1,518 438,553
In Private Forests 61,010,947 2,430,062 63,442,009
Total. 63,329,023 2,446,493 65,776,516
that is to say, the forest products were worth 170 millions of francs.
SeeLe Mouvement geographique, March 8, 1903.
THE DOMAIN 253
On the other hand, to exact from them, in the form of
prestation of voluntary and remunerated labour, regulating,
the scale of wages, even when the labour is exacted as a
form of impost.
The organization of native Chieftaincies was a natural
outcome of the first of these principles. The Report to
the King-Sovereign, dated July 15, 1900, throws light on
the working of this institution from many points of view.
It is as follows : —
« Faithful to its principle of dealing progressively with tribes ,
without shocking their habits and customs, the Government
has striven to make use of their own political and social orga-
nization in order to accustom them to the yoke of authority.
» It was necessary to find, for this purpose, some popular
means of connecting the natives with the State, so as to induce
them to obey the Government, and which might at the same
time, be clothed with sufficient official authority to discipline
the population.
» This intermediary was found in the institution of recognized
« Chieftaincies ». The Government has thoroughly realized how
detrimental the political parcelling-out of populations of the
same race amongst numerous natives independent from one an-
other, is to the natives' welfare and to their moral improvement,
on account of the multiplied efforts which the division of the
population requires on the part of the State officers.
« It is gradually to modify this situation », the instructions
state, « that the district officers must strive, without neglecting
» any opportunity to group under a small number of recognised
» Chiefs the populations of the same race, whose habits, way of
» living and interests are identical. » Thus, by an official inves-
titure, conferred with due solemnity before the leading men of
the country, on a local Chief— who, being under the orders of
the District Commissioner can be easily called to account for the
offences of those under his authority— justice obtains a powerful
auxiliary, and enforces with far greater facility, laws and rules
254 THE DOMAIN
which the native accepts without demur. « The native Chiefs
» have great influence with the populations, and if they feel
» supported, will— thanks to our help— succeed in getting our
» ideas firmly implanted and in eventually imposing them. »
« The results of the institution of native Chieftaincies are most
important.
» The populations, heretofore divided amongst kinds of little
States, were dominated by Chiefs, whose rivalries were one of
the cause of relentless warfare from village to village with its
long train of murders, mutilations and slavery. On the other
hand, the orders of authorities could not reach the inhabitants,
and their orders could not be carried out.
« Since the Chieftaincies have been organized, it is an esta-
blished fact that native practices are more humane; civil wars
disappear by slow degrees ; the barbarous customs of canni-
balism, ordeal by poison, and human sacrifices are more easily
extirpated by the power of the Government over a Chief held
responsible for the crimes and misdemeanours of his subjects. »
As regards the realization of the second directive prin-
ciple we have spoken of, the same report goes on as fol-
lows : —
» The object the Government aims at, is to succeed in tur-
ning the private domain of the State to profit, exclusively by
means of voluntary contributions from the natives, and inducing
them to work through the allurement of an earned and adequate
payment. The rate must be sufficiently remunerative to stimu-
late in the natives the desire of obtaining it and, as a conse-
quence, to induce them to gather in the products of the domain.
This class of voluntary contributions is actually in force in seve-
ral districts.
» Where the attraction of commercial benefit is not sufficient
to assure the working of the private domain, it is necessary
to resort to the tax in kind ; but, even in this case, the work is
remunerated in the same manner as the voluntary contributions.
The Government's orders in this respect are positive. Properly
THE DOMAIN 255
speaking, the tax in kind, such as established, is not a real tax,
since the local value of the products brought in by the natives,
is given to them in exchange.
» The Government has never neglected an opportunity
to remind us agents intrusted with the collection of taxes in
kind, that their part is that of an educator : — their mission is
to impress on the mind of the natives the taste for work ; and
the means available would fail their aim, if compulsion was
changed into violence. »
In its various instructions to its agents, the Government
has specially kept in view the following points : —
1. The suitable amount of remuneration to be granted.
The Government believes— as its circulars say, — that this
retribution should be sufficient to stimulate in the natives'
mind the taste for work, and to induce them to gather in
the products.
2. The moderation in the sum of work laid upon the
natives. In order to give a rule of direction, so as to pre-
vent abuses in this respect, the circulars say the Govern-
ment considers that the quantity of products to be delivered
up, ought not to exceed that which may be produced by
one-third of the male adult population ; and even then, this
result must be arrived at progressively.
We have examined previously the criticism directed
against the system of taxes in kind. We beg only to
repeat here that the system of bounties or premiums, tem-
porarily established, is actually suppressed in the Congo
State.
Individual failings are inherent in every institution of
human nature. The non- execution of the formal instruc-
tions issued by the State is liable to disciplinary and, in
some cases, to penal punishment.
256 THE DOMAIN
As a matter of fact, the Government has declared on
many occasions that « in its task of educating the native
populations, it has been fully supported by the greatest
number of its agents who have, in this regard, a perfect
feeling of the high duty incumbent upon them. Very few
of them have failed in this respect and small is the number
of those against whom prosecution had to be directed.
Besides, the Administration exercises the most scrupulous
care in the choice of its agents and, on the other hand,
tries, to improve as much as possible their situation, in
the usual manner. »
The measures resorted to by the State, concerning the
turning to profit of its proprieties are of a blameless nature
and the Stale is unquestionably entitled to apply them to
the immediately workable elements, of its domain pro-
perty, such as the india-rubber of the domanial forests.
9. — CULTIVATION.
As we have seen, the working by the State of its pri-
vate property includes also the implantation of new
cultures such as are suitable to the soil and required for
the development of the connected industries. To this
purpose, it may be interesting to mention the Decree of
April 30, 1897, relating to the foundation of coffee and
cocoa plantations on the domanial lands and to the treat-
ment of the gathered-in fruits for the purposes of consump-
tion. The said Decree reads as follows : —
« ARTICLE FIRST. — The chiefs acknowledged by the Govern-
ment shall be bound to create and to keep, on the vacant land
THE DOMAIN 257
pertaining to the State, in the regions submitted to their autho-
rity, cofl'ee and cocoa tree plantations.
» ART. 2. — The area of the plantations to be created will be
established b> the district-commissioner or his delegate, accor-
ding to the density of the population under the authority of
each chief and calculated on an average of one twentieth part of
the work that may be produced each year by said population.
» ART. 3. — The plantations are under the management and
control of the scientific agriculturist to the State, who will
give to the chiefs the necessary instructions, both as regards
the choice and the clearing of the land, and as regards the foun-
dation and the tending of the cultures.
» ART. 4. — The chiefs will receive a bounty of 10 centimes
for each coffee or cocoa tree properly transplanted and measu-
ring 75 centimetres in height.
» ART. 5. — The product of said plantations will be handed
over to the State in the localities indicated by same, at a price
fixed each year by the General-Governor and corresponding
to one half of the value of the product in Belgium after deducing
the outlays necessitated by transport from the place of origin
to its place of destination.
» ART. 6. — The chiefs will have a right of fruition on the
plantations created and worked by them according to the present
Decree. They may transmit this fruition-right to their succes-
sors. In no case can this right be alienated or encumbered with
mortgage or charge, without the consent and authority of the
State. »
The plantations of coffee-trees, created by the State,
comprise, up to date, about two million trees. So far, the
profits on these plantations have been employed to develop
them.
The number of cocoa-plants is 300,000.
The gutta-percha plants are 4,000 in number.
Let us mention here the latest dispositions concerning
the creation of various special institutions in view of the
17
258 THE DOMAIN
progress of culture, namely a botanical garden, a trial-
garden and a model-farm in the Congo, and further a
colonial-garden in Belgium.
The following report, from Baron van Eetvelde, gives
information on the objects aimed at by these various above
creations.
« In compliance with Your Majesty's wishes, I have the
honour of submitting the project of a Decree creating various
cultural institutions, namely a botanical-garden, a trial-garden
and a model-farm in the Congo and a colonial-garden in
Belgium.
» The African institutions will be established at Eala, on the
left bank of the Ruki, in the Equator district,— a very favourable
country for cultures, owing to its fertility and to the uniformity
of its climate. The chosen site comprises large land area and
is easily accessible, in any season, by the steamers navigating
upon the upper River.
» The botanical garden will contain, besides the native flora
plants, all the foreign plants of some utility, as well for alimen-
tation as for trade or industry. The vegetables will be metho-
dically grouped, in natural families, each of which will occupy a
distinct space. Every particular circumstance of their grow
will be carefully observed and noted. A herbarium will be
composed in order to classify and study the specimens and to
allow of their representation in drawing.
» The trial-garden, the object of which will be purely prac-
tical,will serve to experiment upon plants capable of being pro-
duced on a large scale. In this garden, trials will be made to
find such process of culture and fertilization as is most suitable
to incrase the production ; researches will be made for each
species in order to determine the varieties giving the best
results. Nurseries will provide the various districts in the
State with the saplings becoming to their local conditions of
soil and climate and will even, as far as possible, supply private
enterprises with grain, seeds and cuttings. A kitchen-garden
THE DOMAIN 259
and orchard will acclimatize and produce the vegetables and
fruits which, in the tropic more than in other countries, have a
very considerable importance as food.
» In this trial-garden, studies and experiments will equally be
made concerning the best method of treating the products ;
native workmen will be taught there and, having become profi-
cient gardeners, they will show to native populations the advan-
tages of an improved culture.
» The institution of a model-farm is indicated as a natural and
indispensable complement of the preceding institutions.
» Its object will be to grow and to improve the bovine and
ovine species, and the farm-yard birds and to obtain, by resor-
ting to cross-breeding, varieties suitable to the country. Now,
these varieties, spread over the entire territory, where they
will easily subsist and re-stock, will in every part of the country,
provide to the non-natives, fresh meat which is actually to be
found only in a few localities.
» Moreover, in this model farm, beasts of burden will be
trained so as to permit of using them for transport and for agri-
cultural labour.
» Later on, it will be necessary to complete this organization
by joining to it a laboratory wherein to practise the analysis of the
earths and products, to study the diseases of both plants and
animals, their causes and the means to be used for preventing
or curing them.
» As to the colonial-garden, created in Belgium, its object
will be receive and nurse the foreign plants which, when arri-
ving from foreign countries, would be unable to immediately
endure the journey to the Congo, and, principally, to propa-
gate the species to be implanted in the Congo. »
Up to this day, the colonial garden has already received
a great number of useful plants coming from foreign
colonies ; they have been there nursed and multiplicated.
During the summer season in 1900 and 1901, every
steamer starting from Antwerp to the Congo, has carried
260 THE DOMAIN
a great number of those plants and the quantity of plants
so conveyed from Belgium to the Eala botanical gardens
may be estimated at upwards of H,000. Those
shipments comprised gutta-percha, Castilloa elastica,
ffevea bmsiliensis, tea-shrub, cinnamon-trees, vanilla-
trees, camphor-trees, pepper-plants, ginger-plants, cin-
chona-trees, coca-trees, precious timber-wood trees, etc.
The colonial-garden contains, at the present time, more
than 8,000 plants ready to be shipped for Congo.
10. - THE DOMAIN OF THE CROW.X.
Decrees dated March 8, 1896, and December 23, 190 1 ,
acknowledge, as the domain of the Crown, all the vacant
lands :
a) In the basins of the Lake Leopold II. and of the
Lukenie-River ;
b) In the basin of the Busira-Momboyo river ;
c) Between the following boundaries, viz. : —
Westward : the meridian of the confluence of the Lubefu
with the Sankuru rivers, from this confluence up to the
western summit-line of the Lukenie basin; South-West
and South : the right bank of the Lubefu-river and
the 5th south parallel ; Eastward : the western summit -
line of the Lomami waters between the last named parallel
and the 3rd south parallel.
The domain of the Crown contains moreover, according
to the above named decrees :
Six mines, unworked at present, but which will be
delimited later on, and all property or effects which may
THE DOMAIN 261
in the future accrue to the Estate, either gratuitously or
for a consideration.
The domain of the Crown constitutes a corporate body.
It is administrated by a committee of three persons to be
designated by a decree of the Sovereign, determining their
remuneration. This committee disposes of the Revenue
of the Crown domain, and applies it according to the direc-
tions decreed by the founder King-Sovereign.
In case of vacancy of a post of administrator, the
remaining members will elect his successor, subject to
his undertaking to always observe the rules laid down by
the Founder Sovereign, according to his constituting power.
The same applies in case of permanent incapacity or
definite absence.
The Royal Founder can designate members as substitutes
to replace in case of need deceased administrators or those
who resign or are otherwise prevented from holding office.
The Committee possesses the most extensive powers of
administration and management.
The domain of the Crown is validly represented in
respect of third parties by two members of the Committee.
The latter can likewise delegate one of its members or a
third party.
11. — SECONDARY FORMS OF FRUCTIFICATION
OF THE DOMAIN.
Besides the direct exploitation by the State and simple
lettings which resolve themselves into money payable to
the lessor, there exist numerous other perfectly legitimate
forms of turning property to good account.
262 THE DOMAIN
The State may be induced under certain circumstances
to associate itself in various ways \vith auxiliaries who could
be useful in the economic administration of its property.
Such association offers in certain cases a character as pro-
ductive as it is opportune. As for instance the arrangement
entered into between the State and the fourteen Companies
established in the region of Kassai for the purpose of
creating the Kassai Company. Such again is the arran-
gement concluded with the Katanga Company for the
foundation of the Special Katanga Committee to whom has
been entrusted the working of the region of the State
situated to the south of the 5th. South parallel and to the
east of 23° 54' meridian east of Greenwich. This last is
a typical example and merits some attention.
Since the arrival in the Katanga of agents of the Special
Committee (end of March, 1901), some twenty new
Stations, directed by Europeans, have been founded in
the furthest parts of Katanga; constant communications
exist between these stations; roads have been opened up,
others are in course of construction, and a special mission
is searching a railway track to unite the Southern frontier
of Katanga with the navigable Lualaba, mining prospec-
tions on a large scale have proved the great value of
copper mines, the existence of which has, however, been
known for many years, and the native products (india-
rubber, ivory, etc.), are beginning to reach the European
markets from Katanga.
At the same time the government of the country has
been solidly established.
This occupation and this organization assures the tran-
quility of the country and inspires confidence in these lati-
THE DOMAIN 263
tildes in the native population, who, more than any have
had to suffer from the treatment and abuses of powerful
and cruel chiefs, who have exalted themselves into veritable
potentates. In a word, in a relatively short space of time,
after the association of the State with a company a com-
plete transformation has taken place in a vast region of
the Congo Free State.
The State -can also concede on its own property and
under specified conditions, real working concessions,
carrying with them the exclusive right to certain pro-
ducts.
Examples of this are the concessions of VAbir and the
Societe anversoise de commerce au Congo, also the Comp-
toir commercial conyolais. Similar concessions, although
less extensive, both in rights, and in superficial area were
also conceded tot \\iQNieuwe Afrikaansche handelsvennoot-
schap and to the Societe des produits vegetaux du Haut-
Kassai, for a term which has expired.
It has been disputed whether the State had the right to
grant these concessions but we fail to understand on what
grounds this reasoning can be legitimately based. Such a
theory amounts to saying that the State can transfer its land
absolutely, as it does when effecting sales and concessions
of land, but that it cannot concede a part of what is called
the « domaine utile » on this same land. In other words,
it could not cede the right to enjoy certain of the products
of the soil without conceding also the right to dispose of
the ground itself. Now we do not know a single system
of law which does not admit that the attributes of the pro-
perty are divisible. Specially the distinction between the
right to dispose of the ownership of a thing and the right
264 THE DOMAIN
of enjoying it in such and such a way, use, profit, usu-
fruct, is universally recognized. This is a case to apply
the maxim : « He who can do the more can do the
less. »
If the concession of the use of the property ought to be
forbidden because it implies rights of working by private
endividuals it would be necessary to draw the conclusion
that no absolute concession of land is any the more lawful
precisely because it contains one of the elements of that
very right to privately enjoy which would be sought lo be
condemned. The proverb, « He who proves too much
proves nothing » certainly applies here.
12. — FORESTS.
The forests are one of the most precious elements of the
industrial wealth of the Congo, especially by reason of
the india-rubber trees that they contain. Their preserva-
tion in good condition is of public interest.
We have set forth the legal questions relative to the
ownership and exploitation of the forests. In order to com-
plete these, we must briefly indicate here the measures
taken by the State to prevent the impoverishing of the
india-rubber trees in the forests which are being worked,
on the one hand, and on the other, to permit of a certain
amount of timber cutting in the domanial forests, princi-
pally in the interests of navigation.
The State has taken rigorous measures in view of the
consequences resulting from working the forests without
thought of the future.
THE DOMAIN 265
Article 6 of the Decree of October 30, 1892, reads as
follows : —
« India-rubber must only be collected by means of incisions
made in the trees or climbers. »
The decree of January 5, 1899, contains the following
clause in article 1 : —
« In all the domanial forests there should be planted annualy
a number of india-rubber trees or creepers, not inferior to 150 feet
per ton of india-rubber collected during the same period.
» The State Agents in the domanial forests where the State has
not renounced the working of india-rubber, and private indivi-
duals and contractors in all the domanial forests where the State
has renounced, either by the Decree of October 30, 1892, or by
grant of special concessions, are required to execute and main-
tain these plantations in the manner and time specified by the
orders issued for the execution of the present decree. »
A decree, dated June 7, 1902, has still further accen-
tuated these measures by bringing up the number of
india-rubber trees or creepers to be planted annually from
150 feet to 500 feet.
The order of March 22, 1899, provides for the carrying
out of this matter. A careful and constant inspection is
organized, notably by means of special inspectors, to over-
see the re-planting, and severe penalties can be inflicted
to support the public authority.
The system of timber cutting in the domanial forests is
regulated by the decree of July 7, 1898, and by the orders
of November 22, 1898, and March 21, 1902.
Steamers can take in supplies of wood fuel in consi-
deration of an annual tax according to their tonnage and
speed.
266 THE DOMAIN
The Secretary of State, or officials deputed by him, can
authorize private individuals to cut down timber for local
use.
Other clearings of forests are subject to obtaining a
working concession by decree.
13. — MINES.
The fundamental principles of the Mining Laws in the
Congo Free State are contained in the Decrees of June 8,
1888, and March 20, 1893.
Articles 1 and 2 of the Decree of June 8, 1888, read as
follows : —
« ART. 1. — The transfer by the State of lands belonging
to it, and the registration of lands in conformity with the
provisions of the land administration, do not confer upon the
acquirers or proprietors of such lands any rights in the property
or workings of the mineral riches contained beneath the surface.
» These mineral riches remain the property of the State.
» ART. 2. — No one can work a mine except by virtue of a
special concession accorded by Us, or in pursuance of the gene-
ral provisions which shall subsequently be adopted by Us in
respect of mining rights. »
The decree of March 20, 1893, develops these prin-
ciples. It defines and enumerates the substances for the
mining of which a concession can be granted. It contains
in addition the following organic provisions : —
« ART. 3. — The Government fixes by decree the regions
where the mining researches are authorized either in favour of
all without distinction, or of the persons specified in the decrees.
» This authorization is subject to the payment of a license-fee,
the value of which shall be fixed by the decree.
THE DOMAIN 267
» The authorization to make mining prospeetions carries
with it the right to make borings, excavations or other works
of the same nature, with a view of exploring the subsoil, sub-
ject to a payment to the proprietor of the land of an indemnity
equal to double the damage caused to his property; this
indemnity is fixed by the judge if the parties cannot agree as to
the quota. »
«However, without the formal consent of the proprietor, these
works cannot be executed in his enclosure, courtyard or
garden, nor on the grounds adjoining his dwelling house or
enclosure, within a distance of at least 100 metres from the said
habitation or grounds. These works are also interdicted on the
public roads unless with an express authorization given by
order of the Governor-General.
» ART. 4. — Whoever shall discover a mine in the regions
where he is authorized to make researches in conformity with
article 3 can obtain a right of preference for ten years for
the concession of this mine, on condition that he complies with
the regulations laid down in the present Decree.
» To this end, he will send in, either to the Government or to
an official specially delegated for this purpose, the most com-
plete information possible respecting the geological and minera-
logical nature of the mine as well as its situation and the extent
of territory for which the concession is asked.
» The application for a concession should be accompanied by
a correct plan of the surface drawn to a minimum scale
of 1/20,000 and the concession will eventually by Us.
» The decree authorizing the concession will be registered
by the Commissioner of lands, who will mark on a plan ad hoc
the position of the mine conceded, and deliver a certificate of
concession.
» As soon as the document has been issued, the person who
has obtained the grant can commence work ; the delivery of this
certificate is liable to the payment of the tax stipulated in
Art. 9 below.
» ART. 5. — No mining concession can be granted over an
area exceeding 10,000 hectares ; the mining territory includes
268 THE DOMAIN
the subsoil to any depth, within the vertical limits of the surface
area.
» The concession is limited to the substances indicated in the
act of concession.
» The Government can authorize the fusion of several con-
cessions of different substances as well as in different terri-
tories, and that without any limit as to surface area.
» ART. 6. — Subject to the reserve laid down in the last
paragraph of article 3 of the present Decree, the concession of
a mine confers upon the person to whom the grant is made the
right to execute above ground all such work, including buil-
dings, which may be necessary for the proper working of the
mine, subject, however, to the indemnity due to the proprietor
of the ground as prescribed in Art. 3, and which shall be equal
to twice the damage caused to his property.
» The concession of a mine gives to the person to whom the
grant is made the gratuitous use of the domanial ground, not
cultivated or built upon, which he shall require for the works
of the mine on the mining grounds constituting the concession.
» ART. 7. — The mining concession as a whole can be transfer-
red to a third party, but it cannot be transferred in lots without
the authority of the Government.
» ART. 8. — The mine concessions are only grouted for a
term of 99 years. At the expiration of the concession the State
is subrogated to the concessionnaire and enters into possession
of the mine and its plant.
» ART. 9. — The delivery of the certificate of mining rights is
subject to the payment of the following fees.
Fixed fee. For each certificate fr. 2,500 »
Proportional fee. For each hectare of mining properly of pre-
cious metals, diamonds and precious stones . . fr. 10 »
All other mines » 5 »
» Unless other conditions and royalties are mentioned in the
Decree of authorization referred to in Art. 3, the working of the
mine is subject to a royalty of 5 °/0 on the net profit of the enter-
prise. Whatever the profit may be, the annual product of this
royalty will never be less than o francs per hectare of mining
THE DOMAIN 269
land conceded for the precious metals, diamonds and precious
stones, and fr. 0.50 for all other mining lands conceded. The
royalty on the working of the mine is due from the day that the
certificate of concession is issued ; it is payable during the year
.which follows the expiration of each financialyear. After this
delay, the Government has the right to pronounce the forfeiture
of the concession.
» The royalties, with the consent of the grantee, can be
transformed into an annuity or lump sum ; they can also be
represented by a certain number of fully-paid-up shares handed
over to the Government.
» ART. 10. — The grantee can obtain from the Government the
renunciation of a mine subject to an allowance for damage done
and security for eventual damages.
» ART. 11. — The Government can at all times authorize an
inspector to watch over the working of the mines conceded ; this
agent has the right to visit the works and examine all docu-
ments, plans and registers relating to the working operations.
» A copy of the plans showing the progress of the works and
excavations must be tendered annually to the Government.
» This inspector cannot be interested either directly or indi-
rectly in the mines situated in the territories of the State.
» ART. 12. — The grantees are bound to have in the Congo
a representative on whom all legal notices may be served.
» ART. 13. — Any infringement of the present Decree will be
punished by a fine not exceeding 5,000 frs. and by a term of
penal servitude varying from 8 days to one year, or by one or
other of these penalties. »
U. — IVORY.
The legislation of the Congo Free State in this respect
aims principally at three points.
The first is the regulation applied to elephant-hunting
with a view to preventing the extinction of these animals.
The decree of July 2o, 1899, relative to the permission
270 THE DOMAIN
to hunt, lias been supplemented by the decree of April 29,
1901, fixing the periods and close-time, and establishing
the prohibition to hunt or kill young elephants in all parts
of the State territories.
The second point is the recognition of the principle in
virtue of which the carcases of savage animals are consi-
dered as belonging to the proprietor of the grounds and
become part of his capital.
The third part refers to the free rights granted by the
State, in pursuance of the decree of July 9, 1890, to indi-
viduals for collecting ivory in the lands belonging to the
State in different regions, and notably in all the territories
situated above Stanley Pool, directly accessible by
steamers below the Falls of the Congo and below those of
its affluents, and covering a space of 50 kilometres on
either side of the river banks.
In order to cover the very heavy expenditure occa-
sioned by the suppression of the revolt of the Arabs, the
State, by decree of November 23, 1893, established in
the district of the Eastern Province, a tax on the products
obtained as a result of elephant hunting by private indi-
viduals and natives, and regulated the method of collec-
ting these taxes with a view of avoiding frauds and by
admitting various provisions favourable to the exchanging
movement.
These regulations come within the ordinary scope of the
legislator.
THE DOMAIN 271
lo. — CRITICISM ON THE LAND SYSTEM.
In casting a glance over the Land System and the
several ways of dealing with the domains, it is scarcely
possible to overlook the perfectly correct methods employed
by the State in this direction. They may be criticised
from the point of view of Colonial policy but we think they
cannot be attacked on the ground of justice.
In such a vast and arduous task it cannot fail to happen
that certain feelers have to be thrown out. Misunder-
standings, again, are inevitable. These short comings
however, do not discourage the State ; they simply lead it
to profit by the experience obtained and to substitute better
methods to those recognized as defective.
Abuses are possible, but they only tend to put the soli-
citude of the Stale on guard, the Government is never tired
of adopting means to anticipate and repress them, as far
as human institutions, always more or Jess imperfect, can
attain this object.
It is an easy matter to point out in an undertaking such
as the Congolese enterprise, the inherent imperfections and
difficulties of the task and the accidental defects in the
instruments which the State is called upon to employ.
It is, however, very unfair to hide under a bushel the
good results which have been obtained, and the progress
which has been realized, and to expose on a pinnacle a few
exceptional and regrettable facts, to draw a conclusion from
particular cases to the detriment of the general rule and
to condemn wholesale an institution which draws forth the
admiration even of its enemies and of which a witness,
272 THE DOMAIN
certainly to be little suspected has been able to say. « In
the whole history of Colonial life, there is no example on
record of such a result obtained in such a short lapse of
time (1). »
We are far from overlooking the important role which
criticism plays in a matter which is as yet so little advanced
as the art and science of colonization, but in order to play
this role properly, the critic must remain impartial.
After all, if these severe criticisms have been at times
formulated, there are ample compensations in many
authoritative comments from abroad. For instance,
M. de Lanessan, formerly Minister of the Admiralty in
France, says : —
« Belgium has shown that, in matters of colonisation, she
possesses more practical and rational ideas than ourselves, and a
belter understanding of the methods of modern colonisation (2). »
As to the condition of the natives, this is the opinion
of Sir Harry Johnson, speaking from experience, of that
part of the Congo which was formerly the most back-
ward : —
« This portion of the Congo Free State was inhabited by
cheerful natives who repeatedly, and without solicitation on my
part, compared the good times they were now having, to the
misery and terror which preceded them when the Arabs and
Manyema had established themselves in the country as chiefs
and slave-traders (3). »
His opinion applies to all parts of the State.
(4) EDMOND PICARD, En Congolie, p. 452.
(2) Polilique coloniale, 42-13 avril 4898.
(3) Uganda Protectorate, I, p. 498.
CHAPTER XII.
The Finances.
Without going at length into the question of finance, we
think it expedient to gather here some information as to
the financial relations between the State and Belgium,
and also to give some details respecting the budget, the
national debt, and the monetary system.
i. — THE FINANCIAL RELATIONS BETWEEN THE STATE
AND BELGIUM.
The financial situation of the State has been much
hampered from the beginning, chiefly on account of the
stipulation in the Act of Berlin, enforcing the absolute pro-
hibition of any custom duty on imporls, ihus depriving
the State of the main form of revenue for a new colony.
The balance of finances, at this time, was assured by the
personal liberality of the Sovereign.
18
274 FINANCES
Actuated by the desire not te demand any pecuniary
sacrifice from the Belgian Treasury, the Congo State, when
private resources were no longer sufficient for its rapid
development, determined to negotiate a loan. It only
asked to be allowed to raise in Belgium a loan of the same
kind as those usually raised by towns in that country. This
was granted. Later, having to face the question of a still
greater development, the State asked to raise another
loan ; but the Belgian Government preferred to advance
the funds. The treaty of July 3, 1890 regulated the con-
ditions of the financial help from the Belgian Treasury.
Five millions of francs were lo be advanced at once, and in
addition, a sum of 2 millions annually, for a period of ten
years, was granted, Belgium having the power, at the
expiration of this term, either of annexing the Congo, or
of being repaid the advance in regular instalments in case
annexat:on should not be deemed desirable. In conse-
quence of the extra expenses which the war with the
Arabs caused to the Congo State, a law of June 22, 1893
(the idea of immediate annexation not having been admitted)
added to the former advance of 25 millions a loan of
6,850,000 francs. These are the only sums advanced by
the Belgian Government to the Congo State. The part
which Belgium took in the construction of Congo railways
was practically limited to the subscription, by a private
company, of Stock to the amount of 15 millions, produ-
cing 3 j % interest, and to the guarantee given to
certain funds of this company to the amount of 10 mil-
lions.
At the expiration of the ten years foreseen by the treaty
of July 3, 1890, the question of the annexation of the
FINANCES 27o
Congo by Belgium was not considered ripe, and the Congo
State was able to announce that, owing to the satisfactory
condition of its finances, it had no further need to apply
to Belgium for pecuniary assistance. This new position
of affairs, with its consequences for the future, was stated
in the law of April 10, 1901, of which the single article is
worded as follows :
« Wishing to retain the right, which she holds from the King-
Sovereign to annex the Congo Free State, Belgium renounces,
for the present, the repayment of the sums lent to the said State
in fulfilment of the convention of July 3, 1890, approved by the
law of August 4 of the same year, and in pursuance of the law
of June 29, 4895. She also renounces the debit of the interest
on the said sums. The financial obligations contracted by the
Free State on account of the aforequoted Acts will only be held
good in case Belgium should renounce the right of annexation. »
The improvement in the financial position of the State
chiefly results from the increasing resources produced by
the State-domain.
2. — THE BUDGET.
The development of the public services and the exten-
sion of territorial occupation explain the large increase in
the budget of the State.
276
FINANCES
The following table compares the ordinary receipts and
expenditure from the beginning up to the present time.
YEARS
RECEIPTS
EXPENDITURE
1886
1,523,000.00
1,523,000.00
1887
1,891,190.00
1,891,190.00
Ih88
2,911,188.00
2,911,18800
1889
3,205,694.00
3,205,694.00
1890
.3,147,156.02
6,824,125.62
1891
4,554,931.87
4,554,931.87
1892
4,731,981.00
4,731,981.00
1893
5,440,681.00
5.440,681.00
1894
7,383,554.00
7,383,554.00
1895
7,370,939.00
7,370,939.00
1896
8,236,300.00
8,236,300.00
1897
9,369,300.00
10,141,871.00
1898
14,765,050.00
17, 351,975.00
1899
19,966,500.00
19,672,965.00
1900
26,256,500.00
27,731,254.00
1901
30,751,054.00
31,256,054.00
1902
28,709,000.00
28,549,000 00
1903
28,090,000.00
27,900,556.00
Receipts. -- The receipts of the State are of two kinds :
Ordinary resources, extraordinary resources.
Among the latter were included the subsidy of the King-
Sovereign (one million yearly) granted till the year 1900,
and the annual advance of the Belgian Government
(two millions yearly), from 1890 to 1900. Since 1900,
they consist of a loan intended to meet the extraordinary
expenses.
The ordinary resources include the proceeds of direct
and indirect taxation, tolls, excise, and other regular
receipts.
Below is given the table of ihe ordinary receipts for
FINANCES 277
1903, compared with the figures of the budget of 1902 : —
1902
ESTIMATES
1903
NATURE OF RECEIPTS
ESTIMATES
3,000.00 Registration taxes 3,000.00
70,OJO.OO| Sale & letting of domanial land,
limber felling, etc 20,000.00
Duties on ex-
_ . ports 4,550,000.00
6,0'j5,000.00 1 /Duties on im
' ports, inclu-
dingtheduties
on alcohol... 1,600,000.00
£80,000.00 Direct personal taxation 600,000.00
1,000.00 Road lolls 1,000.00
125,000.00 Taxes on timber felling i40.000.00
155,000.00 Postal receipts 15-",000.00
55,00000 JIarilime rates 60,000.00
25,000.00 Judicial receipts 25,00000
8,000.00 Chancery duties 6,000.00
4,160,000.00, Transport & different services of
the State 3,100.000.00
60,000.00 Taxes on portage 60,000.00
15,452,000.00 Proceeds from the private domain
of the State, from tributes and
taxes paid in kind by the
natives * 16,440,000 00
1,703,OCO.OO Interests and dividends 1,100,COO.OO
122,000.00 Fees for licenses granted lo Con-
golese companies 105,000.00
135,000.00 Extra & casual receipts 125,000.00
28,709,000.00 TOTAL RECEIPTS... 28,090,000.00
In this table the most important item is the proceeds
from the Slate lands, and the tribute paid in kind by the
natives. These amount to 10,440,000 francs, and are
together more than half the total receipts. The custom
278 FINANCES
duties comenext in importance, amounting to 6,150,000 ft.
The export duties which formerly constituted the main
resource of the State, appear for 4,ooO,000 francs. The
imports, including the duty on alcohol produce, only the
1he sum of 1,600,000 francs.
It must be stated that Ihe Import and Export duties of the
"Western part of the conventional Congo basin are in no
way optional; they are fixed in conformity to the arrange-
ment of April 8, 1892, in which the Congo State, France,
and Portugal are interested, and which was extended until
July 2, 190o, by the protocol of May 10, 1902.
Here below these diplomatic acts : —
« Protocol of April 8, 1892. — I. All goods imported into the
Western Congo basin shall be taxed at 6 °/0 of their value,
excepting arms, ammunition powder and salt, which are to
pay a tax of 10 °/o.
Alcohol to be subjected to a special tariff. »
» Ships and boats, steam engines, mechanical apparatus for
commerce or agriculture, and manufacturing and farm tools, are
exempt from import, duties for a period of four years, dating
from the time of the fust imposition of import duties, and will
afterwards be taxed at 3 %.
» Locomotives, carriages and railway plant will be exempt
during the period of the construction of the lines, and until the
date on which traffic commences. They will then be taxed
at 3 »/o.
» Scientific instruments and instruments of precision, as well
as articles used for religious purposes, clothes and personal
luggage of travellers and of those who come to settle in the
territory of the Western Congo basin, are exempt.
» II. The products exported from the Western Congo basin
shall be taxed at the following rates :
Ivory ) iO % of
India-rubber . i their value.
FINANCES 279
Earth nuts
Coffee 1
Red copal I „ 0, f
-i i* i -i i /• c • i-i. \ 10/0 Ol
unite copal (inferior quality). . . . • . . } ,
. .• \aiue.
Palm oil
Palm nuls
Sesame
» Export-duties on ivory and india-rubber will be collected
on the following basis : —
Pieces and sticks of ivory. . . . 10 frs the kilo.
Tusks, of less weight than 6 kilog. . 16 frs » »
» above 6 kilog. in weight . . 21 frs » »
India-rubber 4 frs » »
» These bases will be subject to revision from year to year,
according to the saleable value of these goods on the African
coast, under conditions likely not to hamper in the slightest way
the commerce.
» III. The tariffs here above indicated for imports and exports
are established for a period of ten years.
» Protocol of March 10, 1902. The arrangement of April 5,
1892, is continued until July 2, 1905.
» Ad valorem taxation is maintained, but only provisionally,
and with the idea of eventually establishing a specific taxation
with a maximum limit of 10 %, provided in the declaration of
July 2, 1890.
» The tariff on imported goods is raised from 6 % to 10 % ad
valorem according to the faculty allowed by the above mention
ed declaration, all the exemptions and exceptions stipulated by
article 1 of the arrangement of April 8, 1902 remaining also in
force.
« No alteration is brought to the tariff on exported goods. »
As to direct and personal taxation it figures in the budget
for the sum of 600,000 francs only, which represents
about the 47th part of the estimates of the budget. They
are established on three bases: — 1. The area of inhabited
280 FINANCES
buildings and enclosures; 2. the number of employes and
workmen in service; 3. the ships and boats used by tax
payers.
A general reduction was made in 1902. At the same
time a reduction of 50 °/0 was granted to religious, chari-
table, and scientific institutions and undertakings, by a
Decree of May 28, 1902. Besides, a Decree of June 25,
1902 declares that direct and personal taxation shall be
and remain reduced by a fifth, when, and as long as, the
receipts of the private domain of the State, of the tributes
and taxes payable in kind by the natives, will allow of their
being estimated in the budget to be worth 17 millions.
Expenditure. — The ordinary expenditure for 1903 has
risen to 27, 900, 006 francs; the extraordinary expendi-
ture to 2,364,994 francs.
The ordinary expenses are distributed as follows : —
Salary of the Secretary of State Fr. 21,000.00
Salary of the central service stoff 45,360.00
Expenses of office and correspondence . . . . 6,000.00
Library, furniture, rent, heating, lighting, insu-
rance, telephone, etc 20,000.00
Repair of buildings . 5,000.00
HOME DEPARTMENT.
The administrative service of Europe .... 165,000.00
The administrative service of Africa 3,180,310.00
The army 7,701,765.00
Naval expenditure 2,023,376.00
Sanitary department 504,120.00
Public works 1,081, 880. 00
Missions and educational establishments . . . 121,4*25.00
Expenses relating to some transports in Africa,
not drawn up in the budget 1,600,000.00
FINANCES 281
FINANCIAL DEPARTMENT.
The administrative service of Europe .... 99,000.00
The administrative service of Africa 503,065.00
Agriculture 1,373,932.00
Exploitation of the domain 6,041,790.00
Savings-bank, interest of the loans and guaran-
teed stock 1,656,228.00
FOREIGN OFFICE AND JUSTICE.
Administrative service of Europe 227,100.00
Postal department 66,000.00
Navigation 140,200.00
Justice 910,000.00
Worship 250,000.00
The most important item of ihe budget is the expense
for the army. It amounts to 7,701,765 francs. In this
amount the salaries of Europeans figure at 1,800,000 fr.;
those of natives at 2,050,000 francs.
In the credit of 6,014,790 francs for the exploitation of
the domain, the wages of natives amount to 2,802,190 fr.
Some items are worthy of special notice :
Agriculture (improvement in value of land, replan-
tation of india rubber, etc.) 1,373,932.00
Navy 2,023,376.00
Public works 1,081,883.00
Justice 910,000.00
With regard to the last item, it is to be noticed that the
administration of justice, so important and delicate a matter
in a new country, has been considerably extended lately.
3. — THE PUBLIC DEBT.
The Decree of July 5, 1887, created a Public Debt
(Committee for studying the Upper-Congo) with a nominal
282 FINANCES
capital of 11,087,000 francs bearing interest at the
rate of 2 j °/0 from January 1, 1900. In a letter of
January 12, 1895, addressed to Count de Smet de Naeyer,
Belgian Minister of Finance, Baron van Eetvelde declared
in the name of His Majesty the King his renunciation of
his claim for the repayment of the shares representing the
capital furnished by the King to the Committee of the Upper-
Congo, being 10,064,800 francs. This first debt was
thus reduced to 422, 200 francs.
The Decree of February 7, 1888, created a Public Debt
with a nominal capital of 150,000,000 represented by
1,500,000 shares of 100 francs, to be issued at periods
determined by the State. It was decreed that the issuing
.'hould be made to the amount of 100,000 shares (Decree
of February 14, 1888) to the amount of 600,000 more
shares (Decree of February 6, 1889) and to the extent of
the remaining 800,000 shares (Decree of November 3,
1902).
The loan is repayable in 99 years. The expenses of the
loan, including the payment of premiums, the repayment
of bonds without premiums, with the annual increase of
5 francs interest per share is specially ensured by a sink-
ing fund, managed by a permanent committee composed of
delegates from the State and from financial firms who have
taken part in the issuing. The issuing in Belgium was
authorized by a law of April 20, 1887, and the
entering of the bonds in the official list of ihe Stock-
Exchange in Paris, in accordance with the arrangement
connected with the territorial transactions with France of
April 29, 1887, was authorized in June 1894.
The Decree of October 17, 1896, created a Public Debt
MNANCES 283
with a nominal capital of 1,500,000 francs, bearing
interest at the rate of 4 °/0 to cover the extraordinary
expenses authorized by ihe Decree of June 25, \ 896. The
Decree of June 14, 1898, created a Public Debt with a
capital of 12,000,000 francs, bearing interest at the rate
of 4 °/0 to cover the expenses occasioned by the carrying
out of extraordinary works of public utility.
The Decree of October 15, 1900, created a Public Debt
with a nominal capital of 50,000,000 francs bearing
interest at the rate of 4 °/0, to aesure the continuation and
the development of public works in the Congo.
AVe may notice again that, by a Decree of Decem-
ber 24, 1901, the State guaranteed to the shareholders
of the company of the railway from the Upper-Congo to the
African Lakes, besides the amortization in 99 years, an
annual interest of 4 °,'0, on a capital of 25,000,000 and
upon the increase regularly created in consequence.
As to the financial obligations contracted by the State
towards Belgium, we have fixed their terms, and have indi-
cated, at the same time, under what circumstances they
would operate again : « in the case, and from the time
when Belgium should renounce, the right of annexation. »
4. — THE MONETARY SYSTEM. — PAPER CURRENCY.
The basis of the monetary system is the gold standard.
The current money is the franc, divided into 100 centimes.
By the decree of July 27, 1887, the King-Sovereign
has reserved to himself the right of coining, for the use of
the Congo Free State, money in gold of the value of
20 francs, and silver money of the value of 5 francs, of
284
FINANCES
2 francs, 1 franc, and 50 centimes and, in small copper
coins of 10, 5, 2 and 1 centimes.
The silver coinage has been struck, as regards standard,
weight, allowance, and diameter, as shown in the following
table :
COINS
STANDARD
WEIGHT
DIAMETER
Exact
standard
Allowance
Exact
weight
Allowance
5 francs
iOOO th.
900
835
835
83)
1000 th.
2
3
3
3
Grammes
25
10
5
2.5
100U th.
3
5
5
7
Millimetres
37
27
23
18
2 franc*
1 franc
50 centimes . .
Pieces of 10, o, 2 and 1 centimes have been struck in
pure copper.
They are perforated with a round hole in the centre,
and are made under the conditions of weight and diameter
shown in the following table.
COINS
WEIGHT
DIAMETER
Exact
weight
Allowance
Of the
piece
Of the
central hole
10 centimes
Grammes
20
10
4
2
1000 th.
20
20
20
20
Millimetres
35
30
2J
18
Millimetres
7
6
4.6
3.6
5 »
2 »
1 »
FINANCES 285
Paper Currency. By a decree of February 7, 1896,
with the object of facilitating business transactions between
the different parts of ihe State, banknotes of the State,
payable to the bearer at the General Treasury of the Congo
Free State, in Brussels, were issued. This Decree sanc-
tioned a first issue of notes to the value of 400,000 francs.
An order of the Secretary of State of February 8, 1896,
limited the value of the issued notes to a sum of
269,850 francs, comprising 2,000 notes of 100 francs
each, and 6,98o ten franc notes. Another order was
issued February 19, 1896, in fulfilment of the Decree of
February 7, 1896.
Formerly, in the Lower-Congo, agents of the State and
merchants were accustomed to give the natives, in
exchange for their services, a mokande or cheque, which
enabled them to purchase what they required at the
factories.
It is evident that silver, copper and paper currency of
the State have a great advantage over the mokande or
cheque system, these latter often being only payable at a
fixed date and by denominated persons. At first the
circulation of money was slow and difficult. It was
only with a good deal of trouble that foreign money was
displaced in Lower-Congo, and in the interior there was
the same difficulty in deposing the custom of barter,
and the usage of the mitako, or brass wire.
Finally, to accelerate the introduction of State currency,
the Government decreed :
1. To pay the soldiers and native workmen in cash,
and also to pay in the same manner for all goods bought
from the natives by the State;
286
FINANCES
2. To stop all payments in kind at the stations of ihe
Lower- Con go ;
3. To substitute for the rations formerly issued by the
State to the agents, an equivalent in cash, and so forth.
Immediately after the enforcing of these measures the
State currency began to circulate rapidly, and merchants
no longer hesitated to open retail stores, where the natives
in the employment of the State and commercial companies,
and other natives as well, came to exchange their money
for European goods.
At the present time, to the South of Stanley Pool, the
greater part of the commercial transactions between Euro-
peans and natives is carried on trough the medium of the
State currency, and in the native markets it is no longer
possible to purchase anything except with the silver or
copper Congolese money— the preference being given to
silver.
The table below shows tho progress made since 1888 :
VALUE OF CONGOLESE MONEY IX CIRCULATION ON DECEMBER 31
YEARS
SILVER AND COPPER
BANKNOTES
OF THE STATE
TOTAL
1888
3,634.63
—
3,634.63
1891
117,411.55
—
117,411.55
1895
690,340.83
—
690,340.85
1899
848,362.21
193.660.00
1,042,022.21
1902
980,614.95
255,710.00
i, 236,324.93
It must be noticed that large quantities of the silver and
FINANCES 287
copper coins in circulation do not reappear in the coffers
of ihe State, as the natives make them into necklaces,
earrings, bracelets and other ornaments. Many coins also
are buried with the bodies of powerful Chiefs.
CHAPTER XIII.
The Public Force
If in civilized countries it is necessary to rely upon an
organized force capable of inspiring respect, it is evident
that there are still stronger reasons for a like organization
in a barbarous country.
In taking more emphatically the character of State colo-
nization, modern colonization has imposed on the public
authority a larger task for the preservation ot general
security.
The nature of modern enterprise in the colonies makes
it imperatively necessary to prepare for any new emer-
gency, and to know how to it meet properly. It is not
only a question of protecting baiter transactions on the
coast, or in some places more or less accessible by water;
but it is a case of veritable occupations of territory,
together with extensive undertakings and a permanent
contact with the whole of the native population.
The Congo State understood at once the necessity of
organizing a reliable public force in its territory, and it
also saw how, by means ol such a force, the moral and
physical standard of the native population of a new coun-
try could be raised.
THE PUBLIC FORCE 289
• The question as to how this should be done was as
difficult as it was important. It is imperative in all direc-
tions in equatorial colonies to work with the natives to a
great extent. The obligations of discipline and labour
which are inseparable from military service do not, at first
sight, seem to be in harmony with the natural habits and
customs of the natives. Experience in the Congo has,
however, shown that apprehensions on this score were not
as serious as was at first thought.
The successive development of military institutions in
the Congo Free State offers a remarkable example of the
experimental method and of the pratical adaptation of
institutions to circumstances, the effect of which — we have
already noted in other directions.
i. — ARMY RECRUITING.
At the commencement of the occupation of the country,
the authorities recruited abroad— at Zanzibar, Lagos, Sierra
Lecone, Accra, Elmina and elsewhere. This scheme was
costly, and unreliable.
The term of enlistment was ordinarily for three years.
The pay was a shilling a day, independently of rations,
uniform and equipment, medical attendance, the expenses
of the first voyage and repatriation, all duly set out by
contract before the European authorities at the place of
departure, with the undertaking to pay two thirds of the
amount in the Congo, and the remainder on return home,
in presence of the same authorities. It is clear that the
first soldiers recruited for the Congo State were not exactly
slaves.
19
290 THE PUBLIC FORCE
It did not take long to see that it would be better
to replace these foreigners by Congo natives ; but before
this idea could be carried out it was necessary to overcome
the distrust of the natives, and certain prejudices on the
part of the Europeans towards them —a work of time and
painstaking.
In 1885 Captain Coquilhat came to Bangala to recruit a
certain number. Captain Van Dorp did the same at
Manyanga. The work was started but much patience had
to be exercised. When a small contingent had been
enrolled in a district, their comrades would not enlist
before seeing that these recruits returned in order to have
proof positive that they were safe amongst the Europeans.
The first attempts of any size at the formation of a
native militia began in 1887.
Desirous of forming a national army, the State sought
at first to utilize for this purpose, even the incidents of the
struggle against slave-hunters and dealers, as well as any
political or social organizations among the people, which
seemed lihely te favour the principle of authority.
Slaves, rescued in fights with slave-drivers were pronoun-
ced free, and placed under the protection of the State.
Those who could not, for certain reasons, be repatriated,
either because they did not wish to be, or because they
were ignorant as to the whereabouts of their own homes,
enlisted willingly into the Public Force. In small propor-
tions, at the beginning, some native Chiefs, working toge-
ther with the authorities, set apart a certain number of
their subjects for the Public Force. A system such as this
has a certain resemblance to that which was in force in
Europe during the middle-ages. The local rulers, bound
THE PUBLIC FORCE 291
to military service, brought with them some of their depen-
dents, whose numbers varied according to the power of
their lord, and the extent of his territory.
All the measures which we have mentioned, belong to
what we may term the period of systematical experiment in
Congolese military institutions. A period of more prac-
tical and definite adaptation, commenced with the decree
of July 30, 1891, respecting the recruiting of the Public
Force.
This decree designs to raise a regular national army by
utilizing the existing forces of the country.
Below is the decree with the indication of the modifi-
cations which have been introduced :
« ARTICLE FIKST. — The recruiting of the national army will
be by voluntary enlistment, and by annual levies. The contin-
gent to be recruited is determined by Us.
» ART. 2. — The Governor-General shall regulate the annual
levies intended to complete the ranks, according to the contin-
gent fixed by Us.
» ART. 3. — The Governor-General shall annually fix the
districts where the levies v.ill take place, as well as the pro-
portion to be furnished by each. He shall point out also, in
each District, the localities -where the levy will take place, as
well as the proportion to be furnished by each.
» ART. 4.— The method by which the levy will be made shall
be determined by the Commissioner for the District, in agree-
ment with the native Chief. It shall take place, when practi-
cable, by conscription.
» ART. 5. — No one can be enrolled under the age of four-
teen, nor after the age of thirty.
» ART. 6 ^Decree of April 20, 1900).— The duration of service
in the regular army shall be seven years.
» ART. 7. — Every man enrolled in the regular army is regis-
tered on the rolls of the Public Force. He has a « livret »
292 THE PUBLIC FORCE
given him of the model approved by the regulations on services
and accounts of the Public Force.
» ART. 8. — Every man enrolled by virtue of articles 2, 3 & 4
of the present Decree is kept and equipped at the expense of the
State.
» He receives a daily pay of 21 centimes ; the payment of
a third of this sum may be delayed untill the expiration of
his time.
» ART. 9. — The authorities are bound to protect all the men
enrolled against any injury which may be hereafter directed
against their personal liberty.
» ART. iO. — The authorities are strictly forbidden to keep in
the ranks men who are no more placed on the rolls, accord-
ing to article 7, or whose term of service is expired, except in
the case of voluntary re-enlistments.
» Every infringement of this kind shall be punished with a fine
of 25 to 500 francs, and of from 8 days to 6 months penal servi-
tude, or to one of these penalties only. »
The militiaman, therefore, is paid 21 centimes daily;
there is also given him a monthly allowance of a shilling,
which is retained for his future use, and which can only
be taken from him for a grave offence and only in the cases
stated in the rules for the organization and discipline of
the Public Force. This allowance is paid to him at the
end of his time.
The period of service of the volunteer depends upon his
personal convenience, and his pay is also determined by
his contract. He has the right to the same monthly
reserved pay as the militiaman, under the same circum-
stances, and this allowance can be taken from him for the
same causes. It is paid to htm in proportion to the
number of months he spends under arms.
All the native troops are clothed and fed at the expense
of the State, and receive gratuitous medical care.
THE I-UBLIC FOKCE 293
At the expiration of his time the volunteer is discharged
unless he elects to re-enlist.
At the end of his time the militiaman is enrolled in the
reserve for a term of five years, under the conditions of
the decrees of January 18, 1898, and december 19, 1899.
Nevertheless, militiamen, who, having terminated their
service with the regular army, enter into a new engagement
for three years in the Public Force are dispensed from
all future service, and are disbanded at the expiration of
the new engagement.
The new regime was gradually introduced, taking all cir-
cumstances into account. At first the natives, not
understanding this new institution, showed a certain
amount of distrust. But when they found how they were
treated, the services demanded of them, and the advantages
attached to service with the army, a sudden change came
about, and they accepted military service without demur.
The number of volunteers increased steadily. In 1889,
111 offered themselves for service; in 1890—478; in
1891—1,623; in 1892—2,955; in 1895—3,271 ; in
1896-4,539; in 1897— 4,727 ; in 1898-5,319; in
1899—5,015; in 1900—4,892; in 1901—4,304;
in 1902-4917. On January 1, 1903—5,278.
If the importance of dividing equally amongst all the
tribes the burden of military service no longer existed ; if
it were not advisable for political and other reasons te have
in the ranks of the Public Force men from all parts of the
territory, and to continue the system of recruiting by
districts, the voluntary engagements would suffice in a
great measure te fill the ranks of the army -with men
having both the desire and vocation for military life.
294 THE PUBLIC FORCE
"Whilst the number of native volunteers increased so
quickly, the number of foreign soldiers naturally decrea-
sed, and outside recruiting has ceased to be a means of
augmenting the Public Force since the year 1896.
Since then a certain number of volunteers from abroad
have asked to be enlisted or re-enlisted. A large number
of these men have come from their own countries, at their
own expense, and have presented themselves at the local
government offices. A careful selection was made amongst
them, but the large number of those who offered them-
selves shows that Congolese military service has appre-
ciable advantages, and one can hardly conceive that these
men, if they had been illtreated, as some have alleged,
would come from enormous distances, at their own expense,
to place themselves again in the power of their tyrants.
The progress in the occupation of the territory, the daily
increasing security of communications, the strict discipline
which is maintained among the soldiers, the number,
always larger of volunteers and re-enlisted soldiers, allow
of the number of men required for the district conscription
to be reduced. In consequence, the annual levies of the
militia, which in 1896 numbered 6,000 men, have ceased
to increase from that date, and have dwindled to 2,200 in
1901. And the population of the territory, following the
usual estimates, does not appear to be less than 20 mil-
lions.
At the present time the State has no trouble in recrui-
ting for the army. It possesses a nucleus of veterans, for
the number of men asking to renew their term of service
continually increases. On the other hand, the colonies of
native children— composed of deserted children, or ofchil-
THE PUBLIC FORCE 29o
dren of parents liberated upon the dispersal of slave con-
voys, or of fugitives who claimed the protection of the
State— while they supply part of the workers and artizans
to the stations, procure for the army a nursery of young
soldiers specially devoted to the Europeans who have
raised them, and capable to help in the training of recruits
and in the formation of a reliable staff of native non-
commissioned officers.
2. — THE ORGANIZATION OF TROOPS.
The organization of the Public Force was necessarily
rudimentary at first. The recruits and volunteers from the
coast passed through the hands of a Company of instruc-
tion established at Boma and were then speedily drafted as
need required, into the columns and companies of the
districts.
The general organization of the public force dates from
the decrees of August 5, and November 18, 1888. It is
now chiefly governed by the decree of November 26, 1900,
of which the following are the most important provisions :
« ARTICLE FIRST. — The Governor-General exercises supreme
command over the troops in the Congo.
» ART. 2. — The Public Force includes : the Staff, the compa-
nies on active service, the reserve and the instruction camps.
» ART. 3. — The list of officers comprises the following gra^e
according to rank :
» European Division : The Commander of the troops (who holds
the rank of Government Inspector), the Captains-commandant of
the 1st class, the Captains-commandant of the 2nd class, the
captains, the lieutenants, the 2nd lieutenants, the upper non-
commissioned officers, the non-commissioned officers, the mili-
tary assistants.
296 THE PUBLIC FORCE
» Black Division : The sergeant-majors, upper sergeants, the
sergeants and corporals.
» ART. 4. — Failing nomination by Us, the Governor-General
divides the European personnel into different sections according
to a list drawn up annually and annexed to the budget of the
State.
» ART. 5. — The officers are appointed by Us.
» The upper non-commissioned officers, the non-commis-
sioned officers, the military assistants, the sergeant-majors and
the first sergeants are nominated by the Governor-General.
» The native sergeants and corporals are appointed by the
Commissaires de districts or chefs de zone on the recommanda-
tion of the Commandants attached to the locality, and in the case
of isolated troops, on those of European agents.
» Those belonging to the Company of the Lower-Congo, are
however appointed by the Commander of the Troops, those of
the Reserve Corps and of the camps of instruction, according to
the special regulations for these sections.
» ART. 6. — The Public Force is under command of a superior
official who resides at the seat of government. He has a Staff.
The commander of the forces, under the supreme authority of
the Governor-General is invested with a special power according
to the regulations of the service and the budget.
». ART. 7. — The personnel of the Staff includes further assis-
tant-officers, and non-commissioned officers, Keepers of the
Archives.
» ART. 8. — The Companies for active service are divided
amongst the different districts, circuits or territories, by the
Governor-General according to a table of division approved by
Us.
» They are designated by the names of districts, circuits or
territories to which they are assigned.
» Their number is determined by Us.
y They have head-quarters established at the seat of the
district, of the circuit, or of the territory.
» Their principal object is the maintenance of order and the
THE PUBLIC FORCE 297
effective occupation of each district /one or administrative terri-
tory.
» ART. 9. — The number of men in the companies on active
service depends on the importance of the region which they
have to protect, the number of non-commissioned officers
varies according tho the number of soldiers under arms.
» ART. 10. — The effective force of the Companies is fixed
annually by the Governor-General within the limit of the
estimate credit granted by Us.
» ART. 16. — The Governor-General decides upon the
effective force of the camps of instruction within the limit of the
estimate credit granted by Us. He appoints the commanding
officer of the camp.
» ART. 17. — The Commanding officer of the reserve corps
is appointed by Us.
» ART. 18. — A special regulation deals with the camps of
instruction and the reserve corps it refers to the administration,
composition, subdivision of these sections and the duties of
their commander.
» ART. 19. — Independently of these sections and special
corps of which the existence, composition, organization and
administration are the subject of special Decrees, when public
security demands it. The whole of the State staff, whether
officials or labourers, with the exception of the magistrates of
the law may, when public security requires, be requisitioned
to bear arms by the « Commissaire de district », the « chef de
zone » or district Commander. This body is then divided into
separate sections commanded by the officers and non-commis-
sioned officers of the Public Force specially appointed for the
purpose by the Governor-General or the applying authorities.
Failing a sufficient number of non-commissioned officers in the
Public Force, but in that case only, officials and agents not belon-
ging to the Public Force may be commissioned provisionally by
the applying authorities as auxiliary officers or non-commis-
sioned officers. To become final, the commission granted to
them must be confirmed by the Governor-General.
» This auxiliary force during the whole period of its activity
298 THE PUBLIC FORCE
is under -the control of the same authorities as those upon
which the Public Force depend and is subject to the military
aws and regulations. »
The first camps of instruction were established at the
Equator and at Stanley Pool in 1891-1892. Their origi-
nation dates from August 1, 1892. Special regulations fix
the conditions to be fulfilled by the men, to enable them to
be enlisted.
Camps of instruction number at present four : One in the
Lower-Congo, at Luki, and three in the Upper-Congo, at
Yumbu, Irebu and Umangi.
The improvements effected in the organization of the
camps have brought down the period of instruction from
18 months, to one year.
Outside the daily military drilling, the average length of
which is three hours, the men in the camps are employed
in cultivating the soil, chiefly to provide food for the troops.
The number of the companies is 24. Each company is
divided into platoons of 50 men, and its effective strength
is in proportion to the extent and the needs of the territory
over which it exercises its authority.
The number of European non-commissioned officers
corresponds in each company to its effective strength, and
to the duties which it has to perform.
The general effective strength of the army, exclusive of
the reserves, is 16, 175; non-commissioned native officers
muster 1,938; European Staff 456.
The establishment of a Reserve Corps at the Lisala camp
dates back to 1898. It is composed of militia-men recruited
for this purpose and of men on unlimited leave, and liable
to be called up in case of mobilization.
THE PUBLIC FORCE 299
3. — DUTY OF THE PUBLIC FORCE.
As set forth in the Decree of November 26, 1900, the
principal business of the army is to maintain order in, and
to effectively occupy each district, zone or administrative
territory. The Public Force has fulfilled this mission in the
past and is daily striving to continue. Law and order now
prevail where anarchy was the rule. North, east and south,
the slave-traders have been crushed. After a formidable
war of civilization, the State has succeeded in exterminating
these men— hunters, and Arab traders— at the sametime,
it has powerfully realized the effective occupation of its
territories. To quote a significant fact : the number of
posts in the State, which was 13 in 1885, was 115 in 1895.
It reaches 215 in 1903.
In proportion to the improvement in the method of
recruitment for the Public Force, the training of the blacks
to regular military service has also improved. The State
certainly does not pretend that the natives whom it has
been able to bend to the discipline of its army, have become
all at once civilized beings. It knows very well that if these
men were abandoned to themselves they would relapse into
the state of barbarism from which they have been rescued
with such difficulty. All the efforts of the authorities tend
to prevent the soldiers forgetting their duty, and when a
short-coming of this nature has been reported it is severely
punished. The collection of the State's instructions con-
tains numerous regulations intended to prevent any kind
of abuse and a service of inspection has been organized
with the view of securing the control of the soldiers, and of
keeping their vigilance aroused.
"300 THE PUBLIC FORCR
The militia must be instructed with the greatest huma-
nity. Good care is taken that the men receive sufficient
food, be suitably quartered, that the sick be always
properly attended to, that the offences of which they are
guilty be punished in compliance with the regulations,
avoiding any excessivy severity.
The small posts, commanded by blacks, are most closely
watched. Their behaviour must be controlled unceasingly.
In fact, their number is more and more reduced.
As a me asure of precaution, garrisons are formed of
men of four different tribes at least, and the number of
volumteers from the region itself never exceeds a quarter
of the total force.
In the Congo there have been revolts and military mu-
tinies more or less serious, and more or less difficult to
quell owing chiefly to the nature of the country under dis-
turbance, which enabled mutineers to avoid encounter with
the loyal troops sent out to fight them. Such eposides are
unfortunately not peculiar to the Congo Slate, all colonies
providing like examples. It is unnecessary to recall facts
so well known to all. Those incidents were almost bound
to inevitably arise when, urged on by circumstances, it
was found necessary to employ untrained contingents formed
by too many men from the same tribe.
The first revolt broke out at Loulouabourg in July 1895,
•where the raids of the slave-traders Kiokos and Wabundu
had to be faced. It would have been difficult to reduce the
garrison to the very feeble contingents which were at that
time furnished by the camps of instruction. Recourse was
had to recruiting on the spot, in spite of the danger
incurred.
THE PUBLIC FORCE 30 1
The native population separated from the rebels, not-
withstanding the terror inspired by the latter. In many
instances the population came to the help of the troops of the
State, but yet it took nearly two years to repulse the mutin-
neers some isolated groups of whom retired southwards out
of direct reach of the State. Aided by the operations of
Wabundu, and receiving arms and ammunition from the
latter, these groups have, up to the present time, not been
completely rendered harmless.
The revolt of the Batetela forms another episode amongst
military mutinies. These natives, who had been under the
command of Arabs, had contracted the germs of indisci-
pline and hostility from their masters. Owing to the cir-
cumstances it had been impossible to apply the Government
regulations, directing the formation of troops from amongst
the men of different tribes. These Batetela could not make
up their minds to submit to discipline, and to abandon the
habits of violence with which their former instructors had
so firmly inculcated them. And they deceived the autho-
rities who had believed in their protestations of loyalty.
They had come to place themselves at the disposal of the
heads of the Congolese Army, relying that by turning over to
the side of the State, namely in their estimation, to the
strongest side, they could continue their life of plunder, and
their monstruous practices. Their mutinies are precisely
the result of the energetic war waged by the Congolese
authorities on these habits and practices.
The Batetela soldiers who in the Eastern Province had
surrendered freely at the time of the Dhanis revolt had their
death sentence remitted, some were employed as labourers
in different districts, notably at Boma, where they were
302 THE I'LBLIC FORCE
employed in the works at the fort. On the April, 17, 1900,
without any warning, at the muster at two o'clock, the men
of this origin seized the keys of the arms magazine, and
broke into open revolt, trying to make use of the guns of
the fort to destroy all within their reach. Nevertheless
they were not able to do any damage. The third day the
rebels abandoned the place during the night. They were
overtaken by the troops of the State and some were taken
prisoners. 30 of them escaped to a neighbouring
territory.
Since these regrettable events no similar incident has
occurred, and the experience ot the past having been kept
in account in the organization of the troops, such facts
are no mare likely to occur.
The other tribes of the State moreover have not given
rise to any of these incidents, and the soldiers which they
supply to the Public Force, are generally devoted to their
leaders and appreciate the manifold advantages which the
service assures them.
The State would certainly have been unable to bring its
anti-slavery campaign to a successful close with an army ot
malcontents. The Government encourages the legal mar-
riages of its subordinates, the legitimate wife has the right
to a salary, besides which she and her children receive
daily rations. Married soldiers are lodged apart, and only
the legitimate wives are permitted to follow the military
when they change garrisons.
A patch ot ground is placed at the disposal of each hou-
sehold to be cultivated by the husband and wife outside the
hours of service, and ihe produce belongs to them. Idle-
ness is a bad counsellor ; measures are therefore taken by the
THE PUBLIC FORCE 303
State so that the time of the men, outside the hours devoted
to military instruction may not be spent in loafing.
According to the method employed in the ancient Roman
colonization, and which constituted effectual means of assi-
milating the conquered nations, the soldiers are employed
in public works and agriculture. A similar plan is follo-
wed by Australia in the military confines, and by Russia
on the frontiers of Siberia. The greatest care has been
applied to the instruction, moral as well as technical, of the
young soldiers. This point justly considered as of the
utmost importance has been the subject of repeated and
special instructions.
The Governement is zealously seconded by its agents,
and by a body of picked officers who apply themselves to
the study of the numerous regulations, and devote them-
selves with true self denial to the improvement of the con-
dition of their subordinates. These efforts, after many years
of perseverance, have been rewarded by most satisfactory
results.
The entire measures taken by the central authorities have
had another equally successful result ; that of considerably
increasing the number of re-enlisting men. The pay of
those re-enlisting is raised from fr. 0.21 to fr. 0.2o and
even for the re-enlisted men the second time, to fr. 0.50.
A premium is granted them on re-enlistment.
Their wives and legitimate children receive rations at the
expense of the State. The monthly salary of their wives is
doubled. The ever-increasing number of the re-enlisted men
shows what value the natives attach to the military service,
and the satisfaction they feel at the good treatment received
in the ranks of the Public Force. The Congo State,
304 THE PUBLIC FORCE
alive to the importance of this element, strives to encou-
rage re -enlistment in the different companies of troops,
where picked men spread the milititary spirit and form an
excellent prop to the efforts displayed by the leaders in
order to ensure respect for discipline and law. The soldiers
who have distinguished themselves by their loyalty and
military qualities obtain promotion and receive an extra pay
which varies from fr. O.Oo to fr. 0.50 according to rank,
The white officers and non-commissioned officers never
lose an opportunity of inculcating into the minds of their
subordinates ideas of order, discipline and respect of per-
sons and property, and attachment to duty. The fidelity
of the blacks in compliance with the regulations is
rewarded by means of promotions and distinctions, which
produce emulation amongst comrades. These men thus
become valuable instruments in the maintenance of order
and justice.
Old re-enlisted soldiers constitute in Africa and else-
where a first-class military element. The propensity schown
by for the old soldiers in respect to re-enlistment is there-
fore an additional guarantee that discipline and order are
to reign more and more in the young Congolese army.
The State continues to take an interest in its soldiers after
their time has expired; the discharged, who are sent back
to their homes free of expenses, with wives and children,
if any, are specially protected, and receiveg rants of land in
any station they may choose.
The Public Force in the Congo is not only a valuable
instrument in the cause of order and law, but is also a
powerful means towards moral improvement.
The old soldiers, trained to discipline, contract, while in
THE PUBLIC FORCE 305
the service, habits of order, regularity, and activity which
they retain in private life. Thay have adopted the custom
once their time has expired, of establishing themselves
near the stations, where they remain under the eye of
the whites and run less risk of losing the good habits which
they have contracted. Certain important posts have now
villages of old soldiers in their neighbourhood who inhabit
well-built huts, often made of brick. These villages render
invaluable services in the re-victualling of the troops, the
men who inhabit them having acquired a taste for comfort
and feel the need of working in order to procure the
resources necessary to meet their new requirements.
This example attracts the attention of the surrounding
natives, who also feel the desire of procuring similar
comfort by working.
By degrees a better state of things is being established
which although not yet actual civilisation, is a great improve-
ment on barbarism, and constitutes in the main a superior
state of affairs. To cite a remarkable fact : The tribes
who were formerly considered the most irreducible, now
constitute agglomerations which are most securely rallied to
the help of the authorities, and respectful to the laws.
Coquilhat in his book on the High-Congo, which appeared
in 1888, relates instances of revolting cannibalism commit-
ted in the village of Bangala. At the present time these
same natives count amongst the most obedient, and they
no longer practise cannibalism.
Another fact no less worthy of note for those who consider
from what ethnical source the State has been obliged to
draw the elements of its Public Force : around the principal
posts occupied by the State, a class of labourers springs up
20
306 THE PUBLIC FORCE
with great rapidity, to become in the future the basis of the
work of social transformation undertaken in Central Africa.
A work of this nature breaking with ancient customs, cannot
be carried out with an abruptness which would compromise
the results. The principle of the Government is to act by
degrees on the mind of the population, without running
counter to their habits and institutions, and even to make
use of the latter, when not reprehensible, for attaining the
purpose. And if it mercilessly represses on humanitarian
grounds such monstrous abuses as slave-trading and canni-
balism, it knows how to devote itself by patience and per-
severance to win the confidence of the different tribes, and
to make them accept its orders, without ressorting to force,
at the same time impressing on them the conviction that
strength is united to authority and justice. It is thus that
in a comparatively short time surprising results have crow-
ned the wisely planned efforts of the State.
All this has been rendered possible by the admirable
self-sacrifice of these who, in the Congo, represent with
such devotion Belgian honour and valour, and to whom
Baron van Eetvelde, recalling to mind a memorable
struggle with Arab slave-dealers, renders the following
well-deserved testimony : —
« These results, Belgium can say with legitimate pride, are
due to the courage and bravery of her officers, and non-com-
missioned officers, not one of whom has been unworthy of her
during this painful campaign, each has deserved well of his
country and has given proof in his sphere of equal devotion
and gallautry. It is an honour for the Belgian army to count
these brave men in its ranks, and to have proved that in all cir-
cumstances the country can rely on them.
» The Congo Government is happy to bear public testimony
THE PUBLIC FORCE 307
to these noble deeds. It renders a touching hommage to those
who have sacrificed their lives in helping forward the sacred
cause; to Van Kerkhoven, Ponthier, de Heusch, Michiels, De
Bruyne, Lippens, de Wouters d'Oplinter, Writhoff. »
This justice which has been done to the Belgian officers
in Africa by the Government has also been rendered to them
by their foreign comrades in arms, who have considered it
their duly to bear the following testimony.
There are numerous witnesses, we only quote two.
« As for us German officers on the shores of the Tanganika, »
said Richard Kandt, « we who have had an opportunity of clo-
sely observing events in the Congo, we have learnt to esteem
our Belgian colleagues and I should be happy if, in expressing
our sentiments towards them, I could help to reduce the num-
ber of those in Germany who under-estimate the worth of these
men (1). »
« I consider it a real duty for me, » said Mr. Lerman, formerly
an Austrian officer, « to render hommage to the officers of the
Belgiam army who are so unjustly accused, I have lived among
them for fourteen years and I have learned to esteem them...
» I declare boldly that if some people assert that your coun-
trymen have misbehaved in Africa, they do not speak the
truth (2). »
If we were allowed to extend this testimony, so justly
given, we should like to address it to all those brave mili-
tary co-operators whose abilities have been utilized by the
modern colonizing States, notably in the field of explora-
tions, and who have shown in the service of their respective
countries and in the great cause of civilization, a spirit of
sacrifice and brave devotion, which is an honour to civilized
(1) Etoile beige, March 6, 1899.
(2) Journal de Bruxelles, October 4, i896.
308 THE PUBLIC FORCE
humanity by presenting the spectacle of universal expan-
sion.
Let us finish this study of the Public Force by pointing
out a remarkable document, namely the instructions relating
to the coercive measures and relations with the natives.
« No agent can undertake hostilities against the natives,
unless he finds himself in case of legitimate defence or has
received orders to this effect. The Government does not con-
ceal the fact that energetic measures are sometimes necessary,
but it considers that they must seldom be resorted to and then
only when all other means of conciliation have failed.
» In many cases by prolonging the parleys and more cleverly
conducting them, hostilities might be avoided.
» By seeking the medium of the chiefs devoted to the State
and possessing friendly relations with the tribes in dispute with
the appointed authorities, bloodshed can frequently be avoided,
though without weakening the prestige of the State.
» In this manner misunderstandings might be avoided with the
natives, especially those who have had but little intercourse
with Europeans, as to our intentions and feelings towards them
and such misunderstandings must inevitably provoke the too-
prompt use of extreme measures.
» In any case, when the latter have of necessity become
unavoidable, the Government must be accurately and fully infor-
med about the motives which led to them, and the operations
must be so carried on that, as far as possible, the real culprits
only be reached.
» Further, the troops taking part in military operations must
always be commanded by a European. No exception to this
rule can be admitted and the agents who infringe it would
expose themselves to a severe punishment.
» In case of hostilities the property of natives must be respec-
ted and operations conducted and superintended so as to avoid
abuse. Nor may the villages be burnt under any consideration
whatever. The prisoners of war must be treated with the
greatest humadity, and if women and children be amongst the
THE PUBLIC FORCE 309
number, they must be placed under the direct protection of the
leader of the operations.
» It is when treating for peace that the natives vail have
to undergo a punishment in proportion to the offence committed.
» Now is the moment at which the European commands the
greatest moral strength assured by material success and they must
avail themselves of it on every occasion to act directly on the
mind of the native. It is also a means of arriving little by little
to a full knowledge of him, understanding his character,
and perceiving how to manage him. The Commanders who
have acted thus have obtained lasting results and have succee-
ded in avoiding bloodshed as much as possible.
» Not to conclude a peace with the vanquished would be
leaving them for vengeance which would urge them on to new
acts of violence on the first favourable opportunity on which
they could count with impunity. In fact it would be leaving
a region in a so to speak permanent state of disturbance, and
therefore interfering with its prosperity.
» Under these circumstances, it would be only retarding the
accomplishment of the Mission of civilization and of peaceful
occupation that the commanders of the region have to fulfill
and, if the thing occurred in many localities, it would have the
effect of creating a nucleus of population which would remain
hostile to us for a long time.
» In rendering an account either in their monthly reports or
in special reports, the « commissaires de districts » or « chefs de
zones » must point out in what manner the differences which
arose have been settled, or at least give details about the nego-
ciations which have been entered upon with a view to the con-
clusion of peace.
» The agents who might infringe these regulations dealing
with the relations with the natives, must be indicted and
condemned in compliance with the laws of the State, without
prejudice to the disciplinary penalties to be exercised against
them.
» The blacks must be treated not only in a kindly manner, but
with goodwill . The strictest justice must always and every-
310 THE PUBLIC FORCE
where be our line of conduct towards them, as well for the
natives who are not in our service as for those employed by the
State for any purpose whatsoever. Our agents are most strictly
forbidden to act illegally, i, e. to exceed the disciplinary
penalties provided, or the punishments stipulated in the Penal
Code for violations of discipline or for offences against the law,
of which our servants, particularly the soldiers, have been guilty.
» When the penalties have been inflicted, they must be
undergone according to the required form.
» Whatever be the circumstances in which the agents are
situated, they cannot place themselves above the law an<l apply
in an arbitrary manner penalties that the offences proved do not
legally involve.
» The native killed in fighting our troops must also receive
burial and his body be respected. Those of our soldiers who
depart from these regulations must be indicted before a Court
Martial and undergo all the consequences of their conduict.
» All our military men must be informed of the Decree of
September 18, 1896. They must know in what horror Euro-
peans hold the barbarous practices to which the natives abandon
themselves.
» If it were proved that the commanders of troops have not
carried out the above-mentioned duties, they would render
themselves responsible for the offences of their soldiers.
» The Government attaches, on the other hand, the greatest
importance to the observance of the instructions which formally
prescribe, in case of hostilities with natives, respect for the pro-
perties and families of the latter and forbidding the capture of
native non-combatants.
» If in the course of operations, natives should be captured
they are to be returned to their respective villages, as soon as
peace has been concluded with the rebels. This is a rule which
must be rigorously respected, and on which depends, not only
our security, but also the wholesome influence which we have
to exercise on the natives.
»The district Commissioners will closely watch the agents under
their orders, to prevent their committing any abuse of Power.
THE PUBLIC FORCE 311
» They will also pay attention that the officers who act as
Court Martial Judges should observe a strict legality.
» All agents who act in an arbitrary manner towards the
natives come within the application of the law, and should be
prosecuted ; a disciplinary punishment must, if applicable,
also be inflicted-upon him. When it is a question of attacks
against persons and property, dismissal is applicable ipso facto.
without prejudice to any legal proceedings exercisable.
» As a rule, every agent, dependent on any authority, must,
before undertaking any serious measure, consult with his prin-
cipal, unless prevented by force of circumstances.
» If acting on his own initiative he must incur all responsibi-
lity for his action whatever be the consequence to him. »
The Government has the conviction, says the report to
the King-Sovereign of January 2o, 1897, that these instruc-
tions have been generally observed ; in the rare cases in
which they have been transgressed against, it has not hesi-
tated, as it will do in the future, to punish all the agents
responsible, with disciplinary or judicial penalties.
CHAPTER XIV.
Navigation and river system.
At the time of the foundation of the Congo Free State,
communication between Europe and the Congo was rudi-
mentary. A few ships from Liverpool or Lisbon, and, later
on, a few steamers from Germany and Holland, maintained
occasional communication with the Congo Coast, where
there vvas no settlement further than Fuka-Fuka. Mo means
of transport into the interior existed, except by canoe or by
road, and this latter was nothing more than a badly cleared
track. Porterage on the backs of men was the only possible
means of transport by this track. Two or three facts will
suffice to show conclusively the transformation which has
taken place up to the present in the economic equipment
of the Congo. We will begin by setting forth the present
condition of ocean and river navigation.
1. — MARITIME NAVIGATION.
The maritime navigation between Europe and the Congo
State has made great strides.
Starting from 1891 the Congo State together with the
commercial companies made a contract with a syndicate of
English and German lines to establish a monthly service
NAVIGATION' 313
between Antwerp and Matadi, with a steamer starting on
the 6th of every month. A few years later, in 189o, was
formed at Antwerp, under the auspices of this syndicate,
La Compagnie beige maritime du Congo, which provided
a monthly service of steamers sailing under the Belgian
flag.
The following lines of steamers now run between Europe
and the Congo.
1. La Compagnie beige maritime du Congo; 2. L'Em-
presa National de Navigagao, of Lisbon ; 3. Les Char-
geurs re'unis, of Bordeaux combined with Fraissinet and C°,
of Marseilles ; 4. The Woe.rman Linie, of Hamburg ;
o. The African Steamship C°, combined with the British
and African Steam Navigation C°.
Important port works have been carried out at Banana,
Boma, and Matadi. Several light signals have been establis-
hed at the mouth of the Congo to mark the entrance and
channel.
A pilot service has been organized at Banana. The
whole of the Lower-Congo, from Banana to Matadi, has
been beaconed by means of buoys. A dredger is at work
deepening certain channels, notably that of Mateba in view
of the low- water season. A regular service of steamers
plies on the Lower-Congo, and the boats of the State go
regularly to Landana to meet the Portuguese mail.
The Bulletin officiel de VEtat Inde'pendant du Congo
announces every two months the movements in the ports
Banana and Boma. This movement which was marked
lo years ago by a tonnage of 166,028 entries, and 163,716
departures annually, amounts at present to nearly
500,000 tons.
314 NAVIGATION
2. — RIVER .NAVIGATION.
The flotilla on the Upper-Congo is particularly important.
The first steamers launched on the upper river were only
of 5 tons : the component parts had been carried on men's
backs along caravan roads long before the construction of
the Railway of the Cataracts. They rendered invaluable
service.
The construction of the railway from Matadi to the Pool
could not fail to give a considerable development to the
river transport.
Before the completion of the line, the State had launched
a dozen boats of o tons on the upper river (each of these
boats allowing of an average of 600 loads weighing
together 23,500 kilog.) one of 23 tons and 4 ot 40 tons.
With the completion of the line, the necessity ceased for
considering the weight of the loads to be conveyed to the
Pool, and a new type of craft was chosen, offering the
greatest advantages in point of services to be rendered,
and having regard to the variable conditions of navigability
under which the working would have to proceed. The
principal questions to be solved were the minimum speed
of the steamers, the water-draft, the propelling system
and the shape of the vessel. After numerous experiments,
the State decided on Sternwheels which offered marked
advantages over any other type of craft.
The flotilla on the Upper Congo belonging to the Govern-
NAVIGATION 315
ment at present consists of 32 boats of the following
tonnage :
10 boats of 5 tons burden each.
1 » » 10 » » »
2 » » IT-1/* n }> w
6 » » 22 »
5 » » 40 »
1 » » 60 »
3 » » ISO »
2 tugs and lighters, 3rO »
1 » 50 »
1 dredger is also at work on the upper river.
Several sternwheels of 500 tons, intended for the trans-
port of materials for the railways to the Great Lakes will
shortly be in use.
Amongst these steamers, three distinct types are espe-
cially conspicuous, the steamers of 22, of 40 and of
150 tons.
The variety of tonnage and models of the numerous stea-
mers partly arises from the phases through which the trans-
port service has had to pass, before the completion of the
Railway of the Cataracts, and also from successive acquisi-
tions made by the State in consequence of different circum-
stances, which have nothing in common with the most logi-
cal system of navigation service. The State has endeavoured
to regulate the services of the various boats so as to make
them attain a maximum of useful results.
A complete organization of stopping places and ports of
registry has been established at various points, where the
great vessels land the supplies and embark the products
intended for Leopoldvilie.
316 ' NAVIGATION
It is to and from these depots that the steamers of lesser
tonnage bring their cargoes and take their freight, thence
going to supply their ports of registry, or sometimes still
smaller steamers come in their turn, laying in supplies
before penetrating to the confines of the lower navigable
tributaries of the river.
All the steamers are supplied with wood, and at regular
intervals posts are established where workmen in the service
of the State gather fuel in stores for passing steamers.
There can be no fear of these reserves being exhausted, for
the State sees that the forest is replanted as the trees are cut
down.
Let us add that the most intricate parts of the river have
been carefully explored and buoyed, and that the State
hydrographical survey, having first looked after immediate
needs, is now daily improving.
Since 1896 the Government has established a regular
service of navigation between Leopoldville and the Falls
(twice monthly). So as to ensure service on the navigable
stretches beyond the Falls, steamers have been launched
on the rivers Lualaba, Itimbiri and Ubangi. A sailing
vessel has been launched on the Tanganika, and a steamer
on the Nile.
Native rowers have also been organized in certain regions,
and their work has proved altogether satisfactory.
It is thus that the hydrographical system of the Congo,
which is only inferior in extent to that of the Amazon, is
utilized to the best advantages.
The river steamers, belonging to the State or to private
persons, at present navigating the Upper-Congo num-
ber 102. Referring to the navigation movement on the Upper-
NAVIGATION 317
Congo Herr von Puttkamer, Governor of Kamerun, says :
« The Congo State, having undertaken the superintendence of
trade, can dispose of a splendid flotilla of more than thirty
steamers of different dimensions. Nevertheless the State cannot
meet all its freighting and transport demands, and all the firms
established here are building private steamers ; the greatest ani-
mation reigns in the dockyards. The energy and practical sense
displayed here deserve the greatest admiration (4). »
(1) Deutsches Kolonialblatt, April do, 1899, p. 274.
CHAPTER XV.
Railways and means of communication by land.
1.— RAILWAYS.
The vitality of the Congo Free State is emphasized and
grows by public works of which our time may well be
proud, and which transform the conditions of life in Central
Africa. It is no longer necessary to prove how intimately
the question of railways is connected to-day with the intro-
duction of civilization in new countries, and how much it
contributes to enhance the value of the rich products of
their virgin soil (1).
It is hardly necessary to point out that the creation of a
railway intended to connect the vast navigable system, pro-
vided by nature in Central Africa, with the sea, was indis-
pensable to the prosperity of the Congo State. The obstacles
which stood in the way of such a gigantic enterprise were
considerable : money had to be found ; the enterprise in
(1) See t Bibliotheque Internationale coloniale ». Les Chemins defer
aux colonies et dans les pays net/ft, I, p. 5H. Rapport a I'Institut colo-
nial international, par le lieutenant-colonel THYS, 28 mars 1899.
RAILWAYS 319
itself was of the most doubtful success. Men of initiative,
competence and energy, with Lieutenant-Colonel Thys at
their head, devoted themselves to this undertaking and were
powerfully helped by the State. A first convention, having
for its primary object the prospection of the line connecting
the Lower-Congo with Stanley Pool, was concluded between
the State and the Compagnie du Congo pour le commerce
et Vindustrie, on March 26, 1887. The final convention is
dated November 9, 1889.
Belgium granted to the Company the help of her money
and credit. The law of July 29, 1889, authorized the
Belgian Government to invest in this enterprise to the
extent of ten millions represented by 20,000 shares of
500 fr. each, bearing 3 | °/0 interest, and redeemable at
par in ninety-nine years. The first corps of engineers left
Antwerp on October 11; the first earth- works were begun
in March, 1900.
It is needless to recall the difficulties encountered and
surmounted by the builders of the Cataracts Railway.
It was not alone in the Congo that their work met with
serious obstacles. Belgium gave valuable help a second
time, and on May 29, 1896, a law was passed approving
the convention of March 27-April 10, of the same year, by
which Belgium increased her subscription from 10 to
15 millions, and gave a Treasury guarantee for an issue of
10 millions of bonds. After eight years of untiring labour
the railway was completed. The opening ceremony took
place between July 2 and 8, 1898, in presence of the offi-
cial delegates of ten Governments.
The railway is 400 kilometres long. The track is a
narrow-gauged one of O.To metre. The construction cost
320 RAILWAYS
about 7o millions francs, instead of the 2o millions origi-
nally estimated.
Nobody undervalues to-day the services rendered by
this railway to Congolese enterprise, nor the services which
it shall render in the future. No one can deny that, while
it greatly benefits the white man's interest, it has also
greatly improved the condition of the natives by suppressing
porterage and allowing the blacks to undertake less painful
and more remunerative work. The Congo Railway is the
necessary link between the Congolese estuary and the
Upper-River, the conveyance of an inexhaustible wealth,
and at the same time one of the most powerful instruments
of African civilization (1).
The building of the Mayumbe Railway was the second
decided upon for the purpose of improving that country.
This railway connects Roma with Lukula, eighty kilometres
away, and has been run since 1901.
Its building lasted three years. The grant of the con-
cession dates from September 21, 1898. The gauge of the
track is 0,60 metre.
The State then undertook the plans of the railway which
the Compagnie des chemins de fer du Congo superieur aux
Grands Lacs africains has just begun to build on a one
metre gauge. The agreement between the State and the
Company is dated January 4, 1902. The new lines, three
(1) We have previously examined (p. H4) the questions which the
convention dated November 1, 1901, may raise about rates. See also
our Report in the Senate, on July 26,i901, § 7 : La Question du chemin
defer du Congo au point de rue du droit de rachat et de la diminution de*
tariff de transport.
RAILWAYS 321
in number, have a total proposed length of about 1,600 kilo-
metres.
The first, from Stanleyville to Mahagi, runs through the
whole of the northern part of the Province-Orientale, by
way of Bafwaboli, Bafwasende, Avakubi, Mawambi and
Iremu. Its main object is to exploit the splendid forests
through which it runs. The survey, begun in 1900,
is now completed and has a total length of 1,120 kilo-
metres.
The second line also has Stanleyville as terminus ; it runs
towards the south to Ponthierville, very closely following
the course of the Congo.
There are several rapids between Stanleyville and Pon-
thierville which make navigation by steamers impossible.
This stretch of line will render the same service as that
between Matadi and Stanleypool. Its principal aim is
to connect the navigable courses ot Lualaba river by avoi-
ding the falls which form an obstacle to navigation. The
extension of the work beyond Ponthierville will depend
upon the extent to which the river will be found navigable
for large steamers.
The third projected line is destined to connect a portion
of the river about Nyangwe-Kasongo to Lake Tanganika.
But the survey is not yet completed.
The State has recently sent out a new party of surveyors
with the object of prospecting the line between Mahagi and
Redjaf, on the Nile, for a length of about 300 kilometres.
This line will be an extension of the one connecting Stanley-
ville with Mahagi, and will thus connect the Congo with the
Nile.
It has also been decided, and orders have been issued to
21
322 STATE ROADS
that effect, to prepare plans for a railway connecting
Mahagi with the northern part of Lake Tanganika.
Lastly, in the vast territory of the Kantaga, an expedi-
tion is at work on the survey of a railway starting from
Lake Kasali, on the Lufira, and running towards the
southern frontier. Approximately the total length of this
line will not be less than 4oO kilometres.
The progress made by the State, as regards railways, is
most remarkable. It has attracted the attention of all per-
sons interested in colonization. It is superflous fo recall
the unanimous commendations which these railways
have received. The facts speak for themselves. After
ten years, in a country full of difficulties and with limited
facilities, nearly 500 kilometres of railways have been
built and are in full work; the building of 1,600 kilometres
of the Upper-Congo Railways is commenced, and plans for
more than 1,200 kilometres have been draughted and are
on a fair way to accomplishment.
CJ. — STATE ROADS.
The impetus given to the construction of railways does
not imply that the Government has lost sight of the neces-
sity for providing other means of communication by land.
Everywhere the Government has improved the roads used
by caravans, and modern roads have been cut in several
districts.
So as to quite abolish native porterage, the Government
is preparing a service of motor cars, and several of these
carts will shortly be sent to Africa. Special roads for the
STATE ROADS 323
use of tne motor cars are being constructed in Uele and in
the region of the Cataracts. Their total length is from 350
to 400 kilometres. When they are completed — and this
will not be long delayed — the Matadi Railway to Stanley
Pool will be connected with the Kwango, and the Congo
river with the most distant parts of the country.
Other roads are being opened along the Lualaba, so as
to skirt the falls, from Lusambo towards Pueto (Lake
Moere) and from Kasongo to Lake Tanganika.
CHAPTER XVI.
Economical auxiliary Equipment. - Telegraphs
and Post-Offices.
1. — TELEGRAPHS.
Several telegraph lines have been established :
1. From Boma to Lukula, 80 kilometres ;
2. From Boma to the Equator, 1,200 kilometres ;
3. From Liralato Umangi, 22 kilometres;
4. From Kasongo to Sangula, 230 kilometres.
The Government is having experiments made with Mar-
coni's system between Banana and Ambrizette. If these
experiments prove satisfactory, the existing telegraph system
will probably be supplemented by wireless telegraphy.
2. — POST-OFFICES.
The postal service in the Congo was one the very first
to be established; its organization dates from 188o.
In compliance with article 7 of the General Act of the
Berlin Conference, the State joined the Universal Postal
Union. The Government has been officially represented at
the various postal Congresses held since the State's esta-
blishment.
POST AND TELEGRAPH OFFICES 325
The organization of the postal service within the territory
is already much developed. The mails are forwarded
promptly and safely to the most distant localities.
They are conveyed partly by rail and partly by the State's
boats or by carriers in places where no other means of con-
veyance are available.
Thanks to the lines of navigation calling regularly at the
Congo ports the international system has been developed on
a par with the commercial activity of the Congo.
The following statistics indicate the importance of the
home and foreign postal service : —
Correspondences received and forwarded in 1886 num-
bered 33,140; 74,988 in 1890; 206,976 six years later, in
1896; and 372,007 in 1901 of which 274,114 were letters.
The number of exchange offices, collection and branch-
offices is 2o.
The postal service, which at the outset was but rudimen-
tary and only afforded the reception and forwarding of
letters, printed matter, samples, etc., was completed in
1887 in consequence of a Convention drawn up on Februa-
ry 28 of that year, with Belgium. The necessity of organi-
zing a service of postal orders was recognised later on.
Agreements in this respect were concluded with Belgium on
May 13, 1893, and November 24, 1898. The results
obtained from the two newly-established services show that
they met a real want. It is noteworthy that the postal-
business increases every year in the number of parcels and
postal-orders, and it is not improbable that other additions
such as postal money- collections, subscriptions to papers,
etc. will be required within a comparatively brief period.
CHAPTER XVII.
Trade.
Before the State was founded, the trade of Central Africa
was chiefly in human beings. The slave was at once the
means of labour, the main capital, the vehicle or means ot
transport, the common currency in exchange and the usual
tribute given to satisfy the covetousness of native chiefs. He
was the standard of wealth and the element of power. In
order to thoroughly estimate the influence of the slave-trade
as an economical factor in barbarous communities as com-
pared with the trade regime of civilization, it would be
necessary to imagine dealings in some object representing
all these uses with us. It is thus easy to understand that
the suppression of the slave-trade is intimately bound up
with the problem of substituting for the unlawful traffic
some other traffic able to replace it, that is to say, some
trade founded upon the natural resources of the country.
Let us remember that the French firm Regis (Daumas
et Cie, succ.) in 1838, and the Afrikaansche Handels-
vereeniging, of Rotterdam, in 1860, were the first factories
established at the months of the Congo. These were fol-
lowed by some English and Portuguese firms. These esta-
TRADE 327
blishraents on the Coast represented nearly the whole of the
trade relations of the Congo with Europe.
The three Belgians companies : the Mateba Syndicate,
the Sandford Exploring Expedition (capital 300,000 francs)
and the Compagnie du Congo pour le commerce et ['Indu-
strie (capital 1,000,000 of francs) were only formed
in 1887. There are now 48 Belgian companies and
14 foreign companies carrying on business in the Congo,
their capital being 136 millions of francs.
The import and export trade in the Congo Free State has
developed to a wonderful extent. Here are some signifi-
cant facts about it.
1. — THE EXPORTS.
It is since July 1, 1886 only, when the collecting of
exportation duties was established, that the Free State could
draw up statistical statements of the native products export-
ed from its territory. These statements are regularly
published in the Bulletin officiel.
The perusal of the figures mentioned in those statements
shows the nearly uninterrupted progression of exports
during the last 15 years. In 1887 indeed the figures of the
special trade of exports amounted to fr. 1,980,441.45 and
in 1901 this same trade amounted to fr. 50,488, 394. 31, viz:
a balance of fr. 48,507,952.86 in favour of the latter year,
which shows an increase of 2,449 per cent.
India-rubber is the most important of exported products.
In 1887, the quantity of exported indiarubber was
30,050 kilog. valued at fr. 116,768.80 and, in 1901,
6,22,733,000 kilog. valued at 43,965,950.90 francs.
328
TRADE
The products mentioned in the last statistical statement
of the Bulletin officiel are :
Earth-nuts, coffee, india-rubber, copal gum, oils and palm
nuts, ivory, cocoa, tobacco, rice, rough skins, etc., etc.
The greatest part of the Congolese products is sent
to Antwerp.
This is the statement of exports for the year 1901 compa-
red with the exports of the previous years :
YEARS
SPECIAL TRADE
GENERAL TllADE
1886
886,432.03
3,456,050.41
1887
1,980,441.45
7,667,969.41
1888
2,609,300.35
7,392,348.17
1889
4,297,543.85
8,572,519.19
1890
8,242,199.43
14,109,781.27
1891
5,353,519.37
10,535,619.25
1892
5,487,632.89
7,529,979.68
1893
6,206,134.68
7,514,791.39
1894
8,761,622.15
11,031,704.48
1895
10,943,019.07
12,135,656.16
1896
12,389,599.85
15,091.137.62
1897
15,146,976.32
17,457.090.85
1898
22,163,481.86
25,396,706.40
1«99
36,067,959.25
39,138,283.67
1900
47,377.401.33
51,775,^78.09
1901
50,488,394.31
54,007,581.07
2. — THE IMPORTS.
Statistical statements of imports have only been drawn
up accurately since May 9, 1892, when the collecting
of import duties first took place. Previously the drawing
up of such statements of goods introduced in the territory
of the Free State had not been possible.
In 1893, when the first complete statement was made,
TIUDE
329
fr. 9,175,103.34 of goods to be used in the Free State had
been declared. In 1901, the amount of such goods reached
fr. 23,102,064.07, showing thus an increase of fr. 13 mil-
lions 926,960.73 or a little above 152 °/0.
The chief articles imported are : textures, food stuffs,
arms, machinery, building material, clothes and linen,
ironmongery, glass ware.
The quantity of goods imported from Belgium is far above
that imported from any other country. The Belgian manu-
facturers have patiently studied the needs of the native
customers and of the residents, and they have endeavoured
to meet them in every respect. Since 1892, Belgium
holds the first rank regarding the imports and has conti-
nuously developed its connexions with the Congo. The
English maxim : « Trade follows flag » is thus found once
more to be true. This is the statement of imports for the
year 1901 compared to the imports of the preceding years :
YEARS
SPECIAL TRADE
GENERAL TRADE
From May 9 lo
December 31 1892
4, 984,455. lo
5,679,195.16
1893
9,175,103.34
10,148,418.26
1894
11,194,722.96
11,854.021 72
1895
10,685,847.99
11,836,033.76
1896
15,227,776.44
16,040,370 80
1897
22,181,462.49
23,427,197.83
1898
23,084,446.65
25,185,138.66
1899
22,325,846.71
27,102,581.18
1900
24,724,108.91
31,803,213.96
1901
23,102,064.07
26,793,019.37
The development of exports and imports will undoubt-
edly become still greater when the railways contemplated
330 TRADE
for the Upper-Congo will bring the whole territory of the
Free State in easy and quick communication with the coast.
In their report to the King-Sovereign, dated July 15,
1900, the Secretaries General, while ascertaining increase
of imports and exports, expressed themselves asfollows : —
« These results must certainly be ascribed in great part
to the more and more wide and regular control over the
territory. The State indeed is continuously extending and
strengthening its power through ali the provinces. Occupation
is methodically developed by the establishing of stations and
posts connected the one with the other and covering the whole
country with a vast system of settlements spreading European
influence. »
CHAPTER XVIII.
The missions.
« It is easier to lead than to drive. » The missions in
the Congo are called upon to follow this precept and
to exercise their influence not by force but by persuasion.
What these devoted and disinterested men, who go far from
their homes to evangelize primitive peoples, wish to commu-
nicate to their black brethren in a degree accessible to the
mental condition of the inferior races, is self-abnegation
with all their intellectual and moral superiority. Their
work therefore wins the respect of all.
The spectacle of the wonderful material means of action
of which our century is justly proud should not make us
forget but should rather remind us that ideals are forces.
And the keenness of the struggles of opinion which go on
in civilized States, must not make us lose sight of the force
of Christian ideas and institutions as instruments of the
civilization of races plunged in barbarism. « History shows
that Christianity possesses a special virtue to uplift from
barbarism the primitive races and to lead them soon up the
first stages of civilization (1). » The capacity for expansion
(1) BANNING, L'Afrique et la Conference geographique de Briucelles,
p. 148.
332 THE MISSIONS
of highly civilized nations is noticeable at the present time
in immense proportions and is taking a world-wide develop-
ment. The question of the influence of this civilization on
primitive peoples has to be considered under very different
circumstances from those which formerly governed the rela-
tions between civilized and uncivilized men in America and
in Australia where the contact of civilization was fatal to the
native races. The extermination was in the interest of the
colonists of America and of Australia in view of the posses-
sion of arable land, and the principle of the old law of con-
quest favored this result. But at the present time, policy
and interest combine with the humanitarian feelings to pre-
vent the extermination in the tropical colonies of the natives
who are the natural and necessary associates of all European
colonization. Now, in order that this combination may
produce all its effects, it is advisable that, alongside of the
enterprises where pecuniary considerations predominate and
to the development of which is bound up, in such an exten-
sive degree, the prosperity of the countries colonized, insti-
tutions should exist which bring the purest form of disinte-
rest edness into the service of the regeneration of the natives.
It is thus that the Christian institutions have their own and
special place in the modern colonial settlement.
Primarily, limited in its sphere of action, limited also in
its effects because of the mental condition of the natives,
the influence of the missions remains none the less consi-
derable from the point of view of the formation of new
generations freed from barbarism, from the point of view of
improving the customs of the savage tribes, from that of the
encouragement of work among the natives and from that of
the development of the industrial and agricultural prosperity
THE MISSIONS 333
of the country wherever that influence is exercised, remark-
able results are attained in the present, and precious seed
of regeneration in sown for the future. The devotion dis-
played in this respect, by so many persevering and unsel-
fish men is worthy of general admiration.
The Powers assembled at the Berlin Conference recogni-
zed in a special manner the peaceful influence of Christian
missions which they honour and protect. The Congo State
fully supported these views.
The Free State did not stop at guaranteeing to all those
living under its authority, both subjects and foreigners, the
benefit of an equal protection granted to their persons and
property. Considering the immensity of the civilizing work
to be carried out and the necessity of supporting the auxi-
liary institutions in that work as well as the pioneers of
civilization, it adopted the declaration of the Powers given
as follows in clause 6 of the Berlin Act :
« They shall without distinction of creed or nation, protect
and favour all religions, scientific or charitable institutions and
undertakings created and organized for the above ends, or which
aim at instructing the natives and bringing home to them the
blessings of civilization.
» Christian missionaries, scientists, and explorers with their
followers, property, and collections, shall likewise be the object
of especial protection. »
Thus protection is granted to all civilizing institutions
formed with the object mentioned in the Conference and
this without distinction of nationality or creed. Special pro-
tection is promised to three main categories of pioneers
of African civilization, Christian missionaries, scientists
and explorers. The author of this latter suggestion,
334 THE MISSIONS
Count de Launay, Italian Plenipotentiary, justified his pro-
posal as follows : —
« It is to scientific men and explorers, that \ve owe the
marvellous discoveries made during these latter years in
Africa. The missionaries, for their part, lend a valuable
assistance in winning these countries over to the civilization
which is inseparable from religion. It is our duty to
encourage them, to protect them all, in their researches and
expeditions, both present and future, and in a work in
which their efforts are combined and completed (1). »
In accordance with an observation made by Baron Lam-
bermont « that the principle of the separation of State from
Church applied by certain Governments allows them to
show their readiness to protect but not to help religious enter-
prises which depend upon the Church alone », the Confe-
rence did not think it necessary to impose as an international
duty common to the Powers the obligation of directly
helping the work of the missions. Thus, it is an interna-
tional duty to protect, while to assist remains in the
province of national law where the various governments
decide as they may deem fit, always providing that all sects
enjoy the liberty and protection guaranteed to them in
all circumstances.
The Congo Free State has always considered the help of
Christian missionaries « as indispensable to the realization
of its views (2). » One of its first cares was to consider the
Evangelization of the people living within its territory.
(1) Protocols and General Act of the West African Conference : Blue
Book. Africa n» 4 (4885) p. 45.
(2) Report of Baron ran Eetvelde to the King-Sovereign, January 25, 1897.
THE MISSIONS 335
The first missions established in the territory at present
dependent upon the Congo State were Protestant missions.
In 1877 the Baptist Missionary Society of London was
established in the Lower Congo. In 1879 the Livingstone
Inland Mission was established in the same district. Its
object was to penetrate as far into the interior as possible,
but it only created a few posts and finished by amalgama-
ting with another Missionary Society. Then came the
London Missionary Society which had two posts on the
Tanganika, but transferred them later to British territory;
the American Baptist Missionary Union which dates
from 1883 and with which the Livingstone Inland Mission
was embodied; the American Presbyterian Congo Mis-
sion, the Foreign Christian Missionary Society; the
Bishop Taylor Self-Supporting Mission; the Internatio-
nal Mission Alliance ; the Congo Balolo Mission ; the
Swedish Missionary Society and the Guaranze Mission.
All these missions possess considerable resources and
their members are'numerous. The British Baptist Mission,
which is the oldest, has remained the strongest with those
of the American Baptists, of the Balolo and of the Interna-
tional Mission Alliance.
According to the information contained in the recent
book of Dr Harry Guinness, Our mission on the Congo (1),
there are at present 211 Protestant missionaries in the
Congo. There are besides, 283 native evangelists and
327 native catechists. There are 40 principal stations
and 192 mission posts ; 6,021 communicants and
(1) THESE THIRTY YEARS, special number, January and February 1903,
Our Mission on the Congo, by Dr HARRY GUINNKSS, missionary, p. 38.
336 THE MISSIONS
1,470 catechumens. The attendance at Sunday schools
numbers o,641 natives and at the day schools 10,162.
With regard to the Catholic religion, the first mis-
sions established in the Congo were those of the Peres
blancs d'Afrique of Cardinal Lavigerie and those of the
Peres du Saint-Espnt. The latter have emigrated into
French territory. The Belgian branch of the Peres blancs
d'Afrique retains the Apostolic control (1) over the Upper
Congo in virtue of a Brief of the Holy See dated December
30, 1886.
On the 8th of March 1888, the Apostolic Vicariate of the
Belgian Congo was established. It was confided to the
Peres de Scheut and it originally extended over the whole
territory except the portion reserved to the Belgian Peres
blancs.
Other congregations to -day share with Scheut the evange-
lization of the territory. They are: the Compagnie de Jesus
to which, by decree of the Propaganda, dated April 8,
1892, the eastern Kwango was devolved. It was turned
into an Apostolic prefecture on January 31, 1903; the
Chanoines pre'montre's de i'abbaye de TongerJoo who have
charge of the Apostolic Prefecture of Uele established on
May 12, 1898; the Trappistes ; the Re'demptorist es ; the
Prtftres du Sacre-Cceur.
Several congregations of sisters help in the work of evan-
gelization : the Soeurs of Notre-Dame de Namur; the
Sosurs frauds caines, Missionnaires de Marie; the Sffiurs
de la Charite, of Ghent ; the Sfeurs du Sacre-Cceur de Marie,
(1). Vicariat apostulique du Haul-Congo.
THE MISSIONS 337
of Berlaer-lez-Lierre ; the Sceurs Trappistines and the
Sceurs blanches, of Cardinal Lavigerie.
According to a recent statement published by the Mou-
vement des missions catholiques au Congo (1) and com-
pleted in some respects, the staff of the Catholic missions
comprises 119 priests, 41 lay brethren and 84 sisters mak-
ing a total of 244. Altogether the total of the missions is
18,973 Christians, 24,731 catechumens and 5, 51o children.
The State helps the missions by giving them the enjoy-
ment of the land necessary for cultivation and by granting
subsidies or reduction of taxes. We have already pointed
out this fact in the chapter on finance. The instructions
given to the agents order them to help by all means in their
power the development and the prosperity of the missions,
and in the periodical papers issued by the evangelizing
missions we find considerable evidence that the mission-
aries of the various sects are grateful for the practical
help accorded them by the government and its agents.
At the beginning of January of this year, the British
Baptist Missionary Society sent a deputation to Brussels in
order to present to the King-Sovereign an address expres-
sing similar feelings of gratitude. The text of this address
is as follows : —
« The Committee of the British Baptist Missionary Society, of
London, desire most respectfully to address Your Majesty as
Sovereign of the Congo Free State and to express their grateful
acknowledgements for Your Majesty's gracious and helpful sym-
pathy with all wisely considered efforts put forth for the
ei.lighlenmcnt and uplifting of Your Majesty's native subject*
living within the territories of the Congo Free State..,
(1) Le JIvuvement des missions catholiques au Cowj/o, fevrier 1 903, p. 62.
22
338 THE MISSIONS
» In the prosecution of these labours, the Committee of the
Baptist Missionary Society desire gratefully to acknowledge the
many signal and helpful proofs they have received of Your
Gracious Majesty's approval and support; and very specially at
this juncture they are anxious to express to Your Majesty their
respectful appreciation of the great boon granted « to all reli-
gious, scientific and charitable institutions, » by the reduction
of direct and personal taxes by 50 per cent, from, on, and after
the first day of July last, as proclaimed by Your Majesty's Com-
mand in the May and June issues of the bulletin officiel de I'Etat
independant du Congo, which the Committee regard as a further
and significant proof of Your Majesty's desire to promote the
truest welfare of Your Majesty's Congo subjects, and to help
forward all institutions calculated to produce enduring and
beneficent results. »
CHAPTER XIX.
The sciences.
A high scientific and humanitarian ideal promoted the
Congolese enterprise. The Free State always made it a
point of honour to remain faithful to this leading and initial
principle. In the next chapter we shall endeavour to sum-
marize the measures adopted from the humanitarian point
of view. Here we will give some account of the remarkable
movement established by the State or developed under its
guidance with a view to the increase of scientific knowledge
relating to central Africa.
Under the heading of social science we must first notice
that a wide ethnologic and anthropologic enquiry was
undertaken by the Stale in its territory. Enquiry forms
drawn up with method were sent to every official and the
replies received by the central Government constitute at
present a source of information of high sociological interest.
Several interesting monographs have already appeared (1).
(1) L'organisation politique, civile tt penale de la tribu de Mousse-
ronyhes, par M. BAERTS. — Le district de I'Aruuimi et Otiellt, par
M. ROGET. — Leopoldfille, par le commandant CH. LIEBRECHTS. —
Le district d'l'poto et la fondation du camp de I'Annvimi, par le lieute-
nant DHAKIS. — Le district de Steplianierille et le district minier de
M'Boko-Songho, par E. DESTRAJN. — Le Mayombe, par FUSCH.
340 THE SCIENCES
The ethnological collections at the Tervueren-Museum (1)
comprising 7,796 exhibits, present, especially with respect
to industry and art among primitive peoples, valuable and
curious elements for appreciation (2).
From a point of view of physical science properly so
called, there was hardly any exploration, whatever may have
been its special object, which failed to produce interesting
results. In order to centralize the valuable information
which it was in a position to gather, the State established
in the Congo nineteen scientific stations provided with all
the necessary materials.
In Belgium, the Museum of Tervueren, besides its dom-
mercial division, possesses several thousand zoologic mine-
ralogic and geologic specimens of highest interest.
The herbarium of the Congo Free State in Brussels Bota-
nical Gardens, under the curatorship of Messrs. Durand
and De Wildeman includes eight thousand plants. The
number of new species catalogued by Messrs. Durand and
De Wildeman is about four hundred.
On the other hand, a special committee composed of
members belonging to every department of science was
(1) At the royal palace of Tervueren, near Brussels.
(2) Vide especially VEtat Independent du Congo a I' Exposition Bruxelles-
Tervueren en 1897, a work published under the direction of Comman-
dant Liebrechls, edited by Lieu'.enant Masui, with illustrations by
Amed6e Lynen, and various notices by Professors Slainier and N. Laurent,
Dr. Dryepont, Lieutenant de la Kethulle, Roller, A. de Haulleville,
Meulemans and Seeldrayers. — An ethnographical study of the whole of
the Collections of Tervueren is begun and one first volume of 150 pages
containing over 800 illustrations has appeared : it deals wilh musical
instruments and will be followed by a dozen others referring to the fol-
lowing subjects : dress, dwellings, hunting and fishing, agriculture,
navigation, trade, industry, war, slate of society.
THE SCIENCES 341
formed by the Government (1) and the State publishes with
the help and collaboration of other specialists a considerable
series of remarkable scientific works under the following
title : Annales du Musee du Congo publiees par ordre du
Secretaire d'etat (2).
All the documents relative to the Congo climate which
are especially due to Doctors von Dankelman, Etienne,
Mense, Wolff, Briart, Dryepont,Vourloud,Bourguignon,etc.,
are reproduced, analysed or summarized in the important
work published by the Socie'te roijale de medecine publiqae
(1) The Permanent Committee of studies of the Tervueren Museum
comprises the following sections : 1. Botany, 2. Zoology, 3. Geology and
Mineralogy, 4. Anthropology and Ethnography, and 5. Export Trade.
(2) The following are the titles of some hooks already published by
the Free Stale :—
BOTANY.
Series I. — Illustration de la Jlore du Congo, par EM. DE WILDEMAN
et TH. DURAND. Tome Ier, fascicules n°s 1 a 8, 1898-1901,
96 pi.
Series II. — Contribution a la Jlore du Congo, par EM. DE WILDEMAN
etTa. DUHAND, 1899-1901.
Series HI. — Reliquiae Dewevreancc, par EM. DE WILDEMAN etTii. DURAND,
1901.
Series IV. — Etudes stir la /lore du Katanga, par EM. DE WILDEMAN.
Fascicules n°* 1 et 2, pi. I a XXVIII.
Les cafeiers, par EM. DE WILDEMAN. Fascicule n° 1, 1901.
Observations sur les Apocynacees a. latex, recueillies par
M. L. Genlil dans 1'Etal independant du Congo en 1900,
par EM. DE WILDEMAN.
ZOOLOGY.
Series I. — Materiaux pour la faune du Congo. Tome Ier (complel).
Poissons nouveaux du Congo, par G.-A. BOULENGER,
1898-1900, 56 pi.
Materiaux pour la faune du Congo. Tome II. Fascicule
n° 1, 1901, pp. 1 a 18, pi. I a VI. — Batraciens et
reptiles nouveaux. par G.-A. BOULENCEB. Anlilope nou-
342 THE SCIENCES
following upon the « Gongres d'hygiene et de climatologie »
held in Brussels in 1897. The value of these documents has
been demonstrated in a very competent manner by Dr.Firket.
The learned works devoted to climatology, by Messrs Lan-
caster, director of the Royal Observatory, and Meuleman,
contain numerous unpublished observations, besides a list
of the works relating to the Congo published on the
1st August 1898. In 1887, Mr. Dupont, curator of the Royal
Museum of Natural History of Brussels, and Mr. Cornet,
Professor at the Mons School of Mines, were engaged on
geological studies at two opposite ends of the State.
We are not concerned here with a list of the different
explorers who have devoted a portion of their travels to
various scientific researches. In the course of those
researches numerous astronomical observations were made
by Messrs. Cambier, Delporte and Gillis, Francqui, Hackans-
son, G. and P. Le Marinel, von Francois Brasseur, Cabra,
Lemaire, etc. ; the result was the publication of a map of
the Congo basin which is not surpassed in any respect by
those of the most explored and best known regions of Cen-
tral Africa.
velle, par OLDFIELD THOMAS. — Fascicule n° 2. Additions
a la faune ichtyologiquedu bassin du Congo, par G.-A. Bou-
LENGER.
Les poissont du bassin du Congo, par G.-A. BOULENGER.
83-2 p., in-8°, 1 carle, 21 gr. et 25 pi. hors texte, 1901.
ETHNOGRAPHY AND ANTHROPOLOGY.
Series I. — L'dge de la pierre au Congo, par XAVIER STAINIER, 1899,
fascicule n° 1, pi. I a VIII.
Series II. — Let collections ethnographiijiies du Musee du Congo, par
TH. MASUI. Fascicule n« 1, pi. I a VIII, 1899.
Series III. — Notes analytiques sur les collections ethnoijraphiques du
Musee du Congo, publi6es par la direction du Mus6e.
THE SCIENCES 343
M. Droogmans, General Secretary of the financial depart-
ment of the Congo Free State, in his Notices sur leBas-Congo
accompanying his large map on the scale of 100/1000
mentions no fewer than 2o6 sources of information for this
portion of the Congo Free State territory (1). Among the
principal missions of a special scientific character organized
by the State, may be mentioned the following : —
DUPONT (2). — Geology (1887).
DELPORTE and GILLIS (3).— Trigonometrical survey (1890-1892).
GORLX and GRENFELL.— Astronomical surveying (Lunda) (1893-
1896).
LAURENT (4). — Botany (1893-1894).
WILVERTH. — Pisciculture (1893-1896).
DEWEVRE. — Botany (1895-1897 .
MICHEL. — Photography and Natural Sciences 1895).
LUJA and DECHESNE. — Botany (1898-1899).
DELHEZ. — Pisciculture (1898-1899).
WEYNS. — Zoology (1898-1899).
CABRA. — Trigonometrical survey. Astronomical surveying
and Natural Sciences (Maymbe) (1895-1899).
LEMAIRE 5). — Trigonometrical survey, Zoology, Mineralogy,
Botany (Katanga) (1897-1899).
BASTIEN. — Trigonometrical survey. Astronomical surveying
(1901 (Eastern region).
CABRA. — Astronomical surveying and Natural Sciences
(Kwango) (1901-1902).
(1) Notice* sur le Das-Congo, Bruxelles, 1891.
(2) Lettres sur le Congo, Paris, 1899.
(3) Observations astronomiques et magnetiques exccutees sur le terri-
toire de I'Etat independent du Congo, Bruxelles, 1893.
(4) Rapport sur un voyage agronomique autour du Congo.
(o) Quinze memoires dotmanl les resultats astronomiques, magnetiques
et altmetriques effectues sur le territoire de 1't.tat du Congo, 1902. —
Journal de route de la mission scientiftque du Katanga, 1902.
344 THE SCIENCES
ROYAUX. — Mineralogical studies and Natural Sciences (1902)
(Northern region of Uele).
LEMAIRE. — Astronomical surveying (1902) (Northern region).
We have already mentioned Commandant Lemaire.
His memoirs on the Katanga scientific expedition may be
considered, with the work of Captain Commandant Cabra
of the head quarters, as models of exactitude and care.
They are the most complete of any dealing with the same
subject. The previous expeditions in Katanga of Messrs. Paul
Le Marine!, Bia-Franqui, Delcommune and Brasseur,
which had equally contributed their valuable quota of
scientific materials, have been alluded to as most important
by Messrs. Cornet and Didderrich, civil engineers. We
cannot mention all, and heed only now refer to the
linguistic ivorks published by the missionaries of various
religious sects whose special reviews contain monographs
of real scientific interest (1). •
In connexion with all these works a « colonial literature »
been established in Belgium; it is already very important
and the importance of it may be gleaned from the Geogra-
phical Movement of Mr. A. J. Wauters in his weekly review
the Belgique coloniale published with so much ability by
(i) Among the linguistic works may be mentioned those of
Messrs. Wlterwulghe, the Reverend Holman Bentley, Baptist missionary,
(Dictionary ami grammar of the Kongo language, •1887-1893), the Reve-
rend Whitehead, Baptist- missionary (Dictionary and grammar of the
Bohangi language, 4899) ; Father Gambler, Scheut (Elements de la langue
congolaise, 1895); of the Reverend Jesuit Fathers who publish a
monthly review in the Congolese language, Ntetombo Eto ; the Reverend
P. De Beerst (Essai de grammaire Tabiva); the Reverend Father Declercq
(Grammaire de la langue des Bena-Lulua, elements de la langue kanioka;
vocabulaire francais-kanioka et kanioka-francais). Besides which the Stale
has edited a vocabulary of the French-kiswahili language.
THE SCIENCES 34(>
M. Rene Vauthier in his most interesting monthly publica-
tion entitled Bulletin de la Societd deludes coloniales (1).
The Bibliographic du Congo de M. A. J. Wauters
with its 3,800 classified indices and its substantial notices
gives us also a summary of the movement of ideas, for the
most part recent, which has lately developed in Belgium in
reference to the Congo. This movement has completed
the transformation of public opinion in Belgium on the
subject of colonial questions. We will not attempt a
description of the different stages of public ideas under
this heading, which would carry us too far from our sub-
ject; let us simply state that in no circumstance whatever
has the Congolese Government forgotten the interests of
science and that it continually aids and stimulates those
scientific researches which form the basis of the most
marvellous human progress.
(i) Among the publications of this Society let us note the second
edition in three volumes of the Manuel du voyageur et du resident au
Congo, edited under the direction of General DONNY.
CHAPTER XX.
The Government as a Civilizer.
The Powers, in the Berlin Act, have taken the two-fold
engagement of watching over the preservation of the native
races and the improvement of their material and moral
condition.
The co-operation in the suppression of the slave-trade
belongs to the first of these undertakings and it has, accor-
ding to the terms of the Report made to the Berlin Confe-
rence « the character of a rigorous obligation. »
The co-operation in the abolition of slave-trade with « its
circumspection and transitions » — recognized as « indispen-
sable » — belongs to the second order of undertakings. « It
is sufficient to note the end in view, » says the Report to the
Conference in this connection ; « the local Governments
must search for the means and adapt them to the circums-
tances of the times and surrounding. »
The Brussels Conference has not fully altered this situa-
tion ; it has not suppressed the distinction between slavery
and the slave-trade, but it has striven to unite a series of
topical ways and means relating to the struggle against men
hunters and slave traders whilst, at the same time, it has
THE GOVERNMENT AS A CIVILIZER 347
striven to cancel the pernicious importation of fire-arms and
spirits.
Those who were present at the Conference's work can
recall how careful the Powers were to maintain their inde-
pendence regarding measures to be taken in their respective
dominions, and to prevent all possibility of foreign claims
which might be made'in this connection.
It is well known that the 1st and 2nd articles of the Brus-
sels Act, as the Report made to the Conference testifies,
have so to say « a purely declaratory character. » They for-
mulate « the indications relating to the mode of spreading
European civilization over the African continent. » Arti-
cle 3 « has the object of giving fresh vigour to these
declarations by determining to what extent the Powers are
willing to undertake engagements in order to ensure the
realization of the programme they have traced out. » In the
Belgian project, article 3 is worded as follows :— ~\
« The powers exercising a sovereignty, a protectorate or an
influence in Africa, confirm and give precision to their former
engagements and undertake to proceed by the means indicated
in articles 1 and 2, to the repression of the slave-trade, each State
in its respective possessions and under its own direction. And
they promise they will lend their good offices to the Powers who
may be engaged in Africa upon a similar mission. »
In the definite text, this wording was completely modified
and changed into the following : —
« The Powers exercising a sovereignty or a protectorate in
Africa confirm and give precision to their former declarations,
and undertake to proceed gradually, as circumstances permit,
either by the means above indicated, or by any other means
which they may consider suitable with the repression of the
slave-trade, each State in its respective possessions and under
348 THE GOVERNMENT AS A CIVILIZER
its own direction. Whenever they consider it possible, they will
lend their good, offices to the Powers which, with a purely
humanitarian object, may be engaged in Africa upon a similar
mission. »
The substitution of the word « engagement » for the term
« declaration », in regard to the provisions previously
adopted by the Powers, was effected for the purpose of more
adequately answering the meaning of the text of article 6
of the Berlin Act. The words « by any other means which
they may consider suitable » are due to France who wished
that « the obligation should concern the aim more than the
means of obtaining it. » The words : « gradually, as cir-
cumstances permit » were proposed by England whose
representative, after siding with the French suggestion,
explained his own motion in these terms : « The British
Government considers, indeed, that as vast an undertaking
as the one which the Conference intends to realize, can only
be fulfilled by a prudent and continuous policy and by an
entire freedom of action as to the choice of the moment. »
Lastly, the words : « whenever they consider .it possible »
were proposed by France with the following commentary :
« It does not appear possible to concur with an engagement
which in certain cases might result in forcing on a Power
the co-operation of a neighbouring Power, when the first
party had not asked it, and might have reasons for dreading
it. » If we add that the German, English, French, Italian
and Portuguese Governments had declared that they made
reserves as to the expenses the article might occasion, « not
being empowered to pledge their governments' finances, »
an exact estimate of the conditions under which article 3
was adopted, will be obtained.
THE GOVERNMENT AS A CIVILIZER 349
These points duly relating to the international side of the
question being stated, let us throw a glance on the measures
taken by the Independent State of the Congo concerning the
preservation and progress of the native populations.
1. — SUPPRESSION OF THE SLAVE-TRADE.
For centuries, the slave-trade has been the great scourge
of the African race, and the most serious obstacle to its pro-
gress. Circumstances have placed the Congo State in the van-
guard of the struggle against slave-traders. It has fulfilled
the duty incumbent upon it with perseverance crowned by
success.
We have already referred to the steps taken by the State
with a view to stopping man hunting expeditions and the
slave traffic before the International Conference of the Afri-
can slave-trade, met at Brussels.
In conformity with article o of the Brussels Act, the
State was the first to issue a complete Code for the suppres-
sion of the slave-trade on land. This was the Decree of the
1st July 1891 . This Decree deals successively with the cap-
ture of slaves, with slave trade proper, with money-lenders
and secreters of stolen slaves, with slave-trading associa-
tions, attempts on liberated slaves, mutilation of male chil-
dren, complicity, and finally with prosecution and judgment
in slave-trade cases.
The first years of the occupation were chiefly devoted to
suppressing the slave-trade on the Upper- Congo and its tri-
butaries. By fixed military posts and flying columns the
State checked the great currents of the interior slave-trade,
350 THE GOVERNMENT AS A C1VILIZER
especially those flowing from the Eastern and Southern pro-
vinces. We may recall the campaign against the Arabs
which lasted from 1892 to 1894, and resulted in the
interception of the slave caravans which, until then, had car-
ried on the trade in human flesh from the South and the East.
In the eastern provinces, a strong occupation put an end
to the infamous traffic, and it was only on exceptional occa-
sions that the troops had afterwards to punish slave dealers.
In the Lualaba-Kassai district, an immense territory
where the resources ot the State did not allow of the
immediate establishment of a close line of posts, when a
gang of slave-dealers was reported, a detachment left
Lusambo or Luluaburg, and arrived by forced marches in
the districts invaded by the slave-traders, there to fight
them and clear them off the territory. It was under such
conditions that fights took place as late as 1901-1902
between the Public Force of the State and the Kioko,
Tungombe and Waboundu slave dealers coming from the
Southern neighbouring territories. Posts were established
on the principal roads used by the slave-traders and espe-
cially at Wissmann Falls on the Kassai, at Kanda Kanda on
the Luele, a tributary of the Sankuru Lubilash, and Lufoi
on the Lufira, a tributary of the upper Lualaba.
At present the barrier is, so to speak, complete in these
parts, for stations have been established along the whole
frontier especially at Lake Dilolo and at Tenke on the
extreme boundary of Katanga.
In the North, the incursions of the Dervishes and the
Madhists had already been stopped. The great expedi-
tion sent to this district by the State delivered a terrible
blow on the slave-traders. On February 17, 1897, Com-
THE GOVERNMENT AS A CIVILIZER 351
mandant Chaltin, after traversing the whole of the dele ter-
ritory, captured from the Dervishes the stronghold of
Redjaf on the Nile. The place was defended by three or
four thousand soldiers, tsvo thousand of whom were armed
with modern rifles. The fight was very severe and lasted
six hours. Shortly after the occupation of Redjaf by the
troops of the State the Dervishes made fresh attempts to
recapture this position, but without success. Since then
no further incursions have been reported in that direction.
It is not likely that any further important raids will take
place. The slave-trade, which was formerly carried on
on such a large scale, appears to be reduced to clandestine
dealings occasionally carried on by southern traders.
« It is only fair to remember, » said Mr. Curzon, in the sitting
of the House of Commons of April 2, 1897, « that the Congo State
has done a great work and by their administration the cruel
raids of Arab slave-dealers have ceased to exist over many
thousands of square miles (1). »
The State is in a position to take energetic steps if the
slave-traders attempt to renew their depredations. The
cause of civilization is thus gaining ground all along the
line and the destinies of Central Africa are untrammelled
by the yoke of the slave-dealer.
2. — MEASURES AGAINST THE IMPORTANCE OF ARMS.
The experience of all nations who have intercourse with
Africa has shown the pernicious and preponderating part
played by fire-arms in slave-trade operations as well as in
internal war between the native tribes; and this same
(I) The Times, April 3,1897.
352 THE GOVERNMENT AS A CIVIL1ZER
experience has clearly proved that the preservation of the
African peoples whose existence it is the express wish
of the Powers to safeguard is a radical impossibility if
restrictive measures against the trade in fire-arms and
ammunition are not established. » Thus runs article 8 of
the Brussels Act, before proceeding to formulate the restric-
tive clauses on the importation of fire-arms upon which the
Powers were agreed. The Congo State had forestalled the
other Powers, and as early as 1888 a Decree of the Sove-
reign had forbidden the introduction of modern arms and
ammunition throughout the territory of the State and the
importation of even ordinary arms and powder in the Upper
Congo.
The regulations passed by the State, in harmony with
articles 8 and following of the Brussels Act, are
chiefly to be found in the Decree concerning the importa-
tion, trade, transport and storage of fire-arms, dated
March 10, 1892 ; in the regulations on the trade in fire-arms
of June 16, 1892, and in the Decree of September 15, 1890,
relative to the discovery and punishment of offences against
the laws on the trade in arms.
The length of the State frontiers makes severe super-
vision especially difficult. Events have shown that arms
and powder are still introduced in large quantities into the
territory. The State, by the development of its occupation
is more and more in a position to keep an effective watch.
The government considers the severe repression of offences
of this order, and the discovery of suitable means to be
adopted by itself and other powers for the repression of
such a pernicious trade for the native populations, as an
imperative duty.
THE GOVERNMENT AS A CIVILIZER 3o3
3. - MEASURES AGAINST THE IMPORTATION OF SPIRITS
The terrors of alcoholism are not unknown to European
nations. The fatally deleterious action of spirits on the
native races need not be demonstrated, o There is an
incompatibility between civilization and alcohol, » says
Cecil Rhodes, who was in a position to notice the ravages
of drink in the Rand (1).
Alcohol has been imported into Africa for a considerable
time. For the coast populations especially it has proved
an abominable scourge, almost as bad as the slave-trade.
The enormous development of African colonization made
the question of the introduction of strong liquuor into
Africa a burning one, as the drink traffic threatened to
reach enormous regions hitherto free from it. To introduce
alcohol among the natives, incapable as they are of resisting
its subtle and exciting effects was to nip in the bud their
moral and material progress. It was, at the same time,
to cut off the work of equatorial colonization at its base by
preventing the natives from becoming reliable workers and
by giving them unhealthy tastes.
When local government was being established in the
Congo the Free State found that the Lower and the Upper-
Congo were under very different circumstances, with
regard to the question of spirits.
In the Lower Congo the custom of supplying the natives
with drink had taken deep root and the sale of drink was
(1) See : La Prohibition de ialcool en Afrique. BELGIQUE COLONIALF,
1896, pp. 5 and 37.
23
354 THE GOVERNMENT AS A C1VILIZER
general. The information we possess on this subject —
including, to begin with, that of Stanley— shows that the
trader who refused to sell alcoholic drink was obliged to
give up all commercial transactions.
In the Upper-Congo the traffic in drinks was hardly
known, as yet.
On the seventeenth of December 1887, the King- Sovereign
issued a decree applicable to the whole of the territory
beyond the river Inkisi, by virtue of which any trader who
desired to supply the natives with distilled alcoholic liquor
under any circumstances whatever must first supply him-
self with a license issued by the Governor-General. This
license was subject to special conditions with a view to
preventing abuses, especially the sale of excessive quantities
of drink, or the supplying of the natives with such drink as
by reason of its bad quality would be particularly injurious
to health.
Three years later, and just after the Brussels Conference,
the general Act of which had set forth (in clauses 90 and
following) measures restricting the spirit trade, a fresh
decree of the Sovereign dated July 16, 1890, absolu-
tely prohibited the importation and sale of distilled alcoholic
drinks in that portion of the State territory situated beyond
the Inkisi. Article 3 of the decree forbade the esta-
blishment of distilleries in the same portion of the ter-
ritory.
Shortly afterwards, the decree of April 9, 1892,
imposed a duty of 15 francs per hectolitre at 50 centisimal
degrees on spirits imported into the Lower- Congo regions
.which were not affected by the prohibitive regime.
The State, in its campaign against alcoholism, did not
THE GOVERNMENT AS A CIVIL1ZER 355
stop there. Two decrees, dated March 4, 1896 and
April 15, 1898, extended the zone of absolute prohibition
by carrying it first to the river Kwilu, then to the M' Pozo,
a river which flows into the Congo not far from Matadi.
From this it results that in nearly the whole of the State's
territory, neither the importation nor the manufacture of
alcohol is tolerated.
The extent of the zone of prohibition is 2. 337,500 square
kilometres. The extent of the zone of toleration is not more
than 12,500 square kilometres.
With regard to alcoholic drinks that contain absinthe,
the decree of 15th October 1896 purely and simply forbids
the importation into the whole State territory, even for con-
sumption by Europeans.
Written permits to obtain alcoholic drinks are granted
under exceptional circumstances to whites, but these permits
are severely regulated and strictly limited by an order of
the Governor, dated March 9, 1897, and a special super-
vision has been organized, especially with regard to cara-
vans and boats.
In the zone of toleration, the decree of the 12th June 1900,
adopted as a result of the convention of the 8th June 1899,
fixes the import duties on spirits to the maximum, that is to
say, to 17 fr. per hectolitre at 50 centesimal degrees for a
period of six years. Imports fell from 1 ,236,625 litres in
1900, to 194,885 litres, or 6 times less. Such facts show
how misguided were those writers who have accused the
Free State of using gin as an instrument of conquest and
domination.
- The truth is that the State has not hesitated, as Baron
van Eetvelde, the Secretary of State pointed out, « to sacrifice
356 THE GOVERNMENT AS A CIV1LIZER
on this point all treasury considerations to the supe-
rior necessity of protecting the population against the intro-
duction of spirits (1). »
4. — MEASURES AGAINST THE RAVAGES OF EPIDEMICS.
The ravages caused by small pox amongst the natives are
enormous and this scourge has been compared to the slave-
trade in its effects. Regulations dated December 12, 1894
make vaccination compulsory for all coloured work people.
Vaccination is also free of charge. A vaccination institution
established at Boma and six other vaccination stations
supply the needs of all the posts.
This beneficial initiative has lessened the ravages of small
pox and, with the other prophylactic measures wisely
adopted by the State to which we will allude later, has a
marked influence on the sanitary condition of the natives.
5. — MEASURES AGAINST HORRIBLE BARBAROUS CUSTOMS.
The suppression of savage practices such as human sacri-
fices, cannibalism, trial by poison, has been energetically
undertaken by the State. Respect for human life is penetra-
ting little by little into the minds of the natives as the result
of the laws which punish not only the crime of murder, but
many other atrocious offences formerly considered as permis-
sible, but to-day severely forbidden.
(t) Report to the King-Sovereign. January 25, 1897 (BULLETIN OFHCIEI,
1897, p. 65). j
THE GOVERNMENT AS A CIVILIZER 357
The instructions given to the State agents in this connec-
tion are as follows.
« In order to secure the suppression of barbarous customs
among the natives, such as cannibalism, trial by poison, and
human sacrifices in general, district commissioners and gover-
nors of posts must exercise a careful supervision over the
natives in their district.
» They are expected to apply the regulations severely and to
send before the Courts all natives who commit offences of this
character. The Public Prosecutor shall undertake the prose-
cution of the offenders and cannot refer them to the jurisdiction
of the local chief, as article 84 of the Decree of April 27, 1889
allows him to do in some cases. »
It must not, however, be forgotten that the complete
abolition of savage customs can, in the opinion of all those
entitled to speak on the subject, only be the work of time.
Ideas and manners have to be completely regenerated and
this, amongst people whose abominable practices arouse in
their own hearts none of the horror which those practices
inspire in the civilized world. The strengthening of terri-
torial occupation, the presence of a determined authority in
the neighbourhood of stations, the sphere of moral influence
which is developedunder the guidance of the local authority,
and rigorous measures must all contribute to the desired
result.
To make the State responsible for every isolated instance
of the continuance of savage customs or to ask the Govern-
ment to do what is really impracticable in this respect, is
neither in conformity with justice nor consistent with what
is asked of other colonizing States who have to deal with
similar difficulties (1).
(i) Pall Mall Gazette, July, \, 1897.
358 THE GOVERNMENT AS A CIVILIZER
« Now is it reasonable to expect that the Belgians can rout
out the inbred customs of generations in a few years? Or can it
be affirmed with any claim to common sense that the suppres-
sion of such debasing practices can be unattended by occasional
repression of a severe kind ? The Benin natives had been in
close touch with Europeans for fifty years at least, and had come
into contact with them for a couple of centuries, yet until the
other day human sacrifices were in full swing at Benin city
to the knowledge of the British authorities not forty miles
distant. The task which the Belgians have taken in hand is a
gigantic one, and they are not getting fair play ({}. »
Baron van Eetvelde spoke with sound sense and know-
ledge of the subject when he said : —
« Surely nobody thinks that any Government could get rid of
barbarous customs, in a country where they have existed for
ages, in a few days' time. Perhaps we ought to declare war
against all the chiefs in whose villages a case of cannibalism is
found out or a human sacrifice or mutilation of a dead body
discovered. That is, perhaps, the manner of acting they want
to preach to us, and then afterwards they would accuse us of
setting the Congo alight !— My opinion is that the only way in
which the State can obtain the gradual abolition of these savage
customs is by first acting persuasively with the natives, and
afterwards taking severe steps as its authority gets stronger. It
will take many years to get entirely free from the evil, but the
results already obtained are to be appreciated (2). »
These results are so well worth noting that the British
Consul in the Congo has not hesitated to report on them in
the following terms : —
« Credit is also due to the Congo Government in respect of
the diminution of cannibalism, although the improvement noti-
(1) Pall Mall Gazette, July 19, 1897.
(2) £toile beige, May 21, 1897.
THE GOVERNMENT AS A CIVILIZER 359
ceable in this regard has resulted as much, perhaps, from the
presence of resident Europeans as from direct repression. It
will take a long lime, however, to disinfect the country of this
foulness throughout. The banks of the main river, and those of
many of its affluents, may be regarded as no longer tainted
thereby ; but cannibalism will continue to be heard of on the
Congo until the natives who are ashamed of it can be brought
to see the advantage of assisting in its abolition (1). »
We have already noted this remarkable fact that canni-
balism has entirely died out from some whole districts ; for
example that of the Bangalas who were once the most cruel
of all man eaters. The same assurance can be given con-
cerning human sacrifices, ordeal by poison, and similar
customs. Their fate will be that of the slave-trade ; they
will be more and more restricted, and, though for awhile
they will be secretly practised, in the end they will vanish.
While speaking of the Public Force, we have already
pointed out the wise steps taken to mitigate the hardships
consequent upon the use of armed force. Violations of
these rules may possibly take place.
But they must not be judged without reference to the
circumstances under which they are committed ; above all
we must not saddle the authorities with responsibilities
which are not theirs. Any such behaviour might too easily
become general and could only result in endless recrimi-
nations between one nation and another. In this connexion
we find in the Bulletin du Comite de I'Afrique franfaise
some general remarks which it may be worth while to copy
here.
(1) PICKERSGILL, H. M.'s. Consul, Diplomatic and Consular Reports,
n» 459, June, 1898, p. 8.
360 THE GOVERNMENT AS A CIVILIZER
« Reprehensible acts are committed in the immense, largely
barbaric territory of the Congo State. That should not surprise
anybody. The black soldiers of the State, suddenly snatched
from savagery, do not always act as civilised beings when the
eye of the Belgian officer is no longer upon them. Some Euro-
peans even, affected by the climate and isolation, may occasion-
ally abuse their authority. But, in acting thus, they are going
against their instructions and rendering themselves liable to
punishment. Their conduct can in no wise compromise the
general spirit of Congolese administration, inspired by the noble
philanthropy of the King of the Belgians. The same faults occur
from time to time in every other part of Africa, and if the Congo
is specially singled out, it is perhaps because it seems less able
than the other African powers to resist such attacks. (1 »
The following remark, made by Baron Wahis, Governor-
General, is also very much to the point :
. « The atrocities to which our officers and soldiers are
submitted when beaten explain reprisals which the authorities
are often powerless to prevent. When war is raging, it is not
in the Congo only that it sometimes assumes a character which
our civilization condemns. (2) »
6. — MEASURES TO PREVENT TRIBAL WARS.
The 2 15 stations at present scattered through the whole
State are everywhere making their influence felt by keeping
order, settling disputes and pacifying the natives.
At the same time the institution of native chieftaincies is
bringing together under responsible authority those groups
of natives which have some tie of blood between them.
These native chieftaincies substitute order for native mis-
(1) Bulletin du Cnmite de VAjriquefranfaise, June 1897, p. 194.
(2) teller to The Times, September 23, 1897.
THE GOVERNMENT AS A CIVIL1ZER 361
rule, and put an end to local rivalries which used to bring
about all sorts of acts of violence, and cruelty. Of course
cases of revolt may occur, in which the State is obliged to
show its power, and to show it boldly. The duty of ener-
getic action is all the more binding, as the fate of all Euro-
pean ventures is connected with that of the authorities. But
such conditions are common to all colonies. The instruc-
tions given to its agents by the government regulate in a
wise and moderate way the resort to force.
In case of disobedience to the rules laid down by the
higher authorities, the guilty agent is prosecuted and
punished with disciplinary or judicial penalties.
By the light of the facts which we have recalled it is easy
to understand by what means and to what extent the State
has fulfilled its duty in the matter of preserving the native
population.
7. — SERVILE « STATUS » NOT LEGALLY RECOGNIZED.
If wholesale butcheries and wasting slave raids have
ceased, if the native population is saved from its worst
enemies and from all the influences most deadly to it ; still
it does not follow that me effects of many centuries of bar-
barism have ceased to handicap the natives. The defeat of
the slave-dealers has cut the root of the evil; but,
after the end of the war against slavery and the lawless
and bloody tyranny of savage chiefs, we have still before us
the struggle against the manifold ignorance of the masses,
and the raising of the blacks to our own level. We are
moving forward in the direction of civilization and the moral
362 THE GOVKIINMENT AS A CIVIL1ZEU
and material improvement of the African race. The Congo
State hopes to complete this work; but is must be done
progressively, in order that it should not be marred by
practical obstacles which might ruin the ultimate result.
The measures adopted by the State for this purpose, when
we take a general view of them, prove to be one of
the most notable and well planned schemes for leading the
blacks forward to a better position. The fact that this plan
has been strangely misunderstood is a strong reason why
we should lay stress on it and define its scope.
We have already shown that the State, though powerless
to crush out all slavery at once among the natives, yet
refuses to recognize this institution as legal and thus, as
regards the future, has dealt it a blow which must even-
tually put an end to this horrible practice.
The wording of article 428 of the civil Code is as follows : —
« No one may hire himself out save for a limited time and fora
definite undertaking. »
And article 11 of the penal Code is drawn up in the fol-
lowing words: —
» Whoever by force, guile or threats has abducted or caused
to be abducted, arbitrarily arrested or caused to be arrested,
detained or caused to be detained, any person whatsoever,
shall be sentenced to a term of from one to five years of penal
servitude.
» Whenever the person so abducted, arrested or detained has
been subjected to bodily tortures the culprit shall be sentenced
to penal servitude for a term of from five to twenty years. If
such tortures have caused death the guilty person shall receive
sentence of death or penal servitude ior life. »
In the case of all persons employed by the State, the
Government forbids them to keep in their household ser-
THE GOVERNMENT AS A CIVILIZER 363
vice either women or children in any such fashion as to lead
the blacks to suppose that anything like slavery is being
encouraged. We have already treated the question of
taxes paid in kind or labor, which is a question quite apart
from that of slavery; and at the same time we have clearly
marked the character of the undertakings of the Powers
concerning this subject (1).
8. — HOW THE WORTHIEST AMONG THE BLACKS
MAY ACQUIRE FULL ENJOYMENT OF CIVIL RIGHTS.
Not only does the State refuse to recognize as legal the
Status of slavery but it has passed a law which allows the
granting of a regular European status to the most qualifie d
members of the black race.
We have seen how the State, by a special provision of its
civil Code in article 6, opens the way to the full enjoyment of
civil rights for those natives who prove themselves worthy
of it by their initiation to the life of civilized peoples, and
especially by their fitness to take part in the working of
certain public offices (1).
9. — IMPROVED CONDITIONS OF FAMILY LIFE
AMONG THE BLACKS.
Without pretending that it can suddenly work a thorough
reformation in the family customs of the blacks, the State
nevertheless is striving to establish the principle of mono-
(1) See pp. 138 and 150.
(1) See page 185.
364 THE GOVERNMENT AS A CIVILIZER
gamy by making it the rule for all its own black agents.
The privileges granted to the lawful wife of the negro sol-
dier are calculated to bring about this end.
The report sent to the Kings on July lo, 1900 contains
the following lines : —
« We have been able to root out polygamy among the levies
everywhere but in the Eastern Province where the Arabs' cus-
toms have taken deep root, and the introduction of new customs
meets with strong opposition. But, even there, the Govern-
ment is determined to forbid polygamy among the black « per-
sonnel » of the State, and to call the civil and military comman-
ders to account for any reprehensible acts of that nature that
they may have connived at ».
10. - PENAL MEASURES ENACTED AGAINST ATTACKS
UPON THE PERSON OR PROPERTY OF NATIVES.
Besides the general measures for the preservation of the
native races to which we have alluded, the State has set
itself to put down, by penal enactments, every kind of
attack on the person or properly of natives, and to make life
more and more secure for the blacks, in order that they may
improve their condition in a way previously unknown to
them. All those Europeans who make a stay in the Congo
testify to the great change that has been brought about with
reference to this matter.
« The State must be congratulated, » said Mr. Pickersgill, Her
Britannic Majesty's Consul in the Congo, « upon the security it
has created for all who live within the shelter of its flag, and
abide by its laws and regulations. The traveller on the Congo
quickly comes to realise that there is a power in the land which
THE GOVERNMENT AS A C1VILIZER 36 O
the people have learned to fear, and upon which they are
beginning to depend for protection (1). »
« I am, » says Mr. Grenfell, « one of the rare Europeans,
actually residing in Congo, who was acquainted with this coun-
try before the State was established and who can compare that
situation with the present one. For this reason, I wish to state
that I most sincerely appreciate the advantages attending the-
establishment of a civilised Government and I proclaim that I am
more and more grateful for the order and liberty actually
existing (2). »
11. — MEASURES CONCERNING THE RESPECT DUE
TO THE VESTED RIGHTS OF NATIVES.
When we dealt with the land laws, we explained in bulk
the measures taken by the State to ensure due respect for
the freehold land of the natives and for their lease hold
property, and to provide within a practicable distance all
the necessary appliances for business, according to the
nature of their trade and their degree of capacity.
Some hold that the vested rights of natives should, by a
stretching of their original purport, include elements and
modes of exploitation that were quite unknown to them, and
this to the detriment of those who discovered and introdu-
ced them. But this does not seem justifiable. The real
fact is that the natives, in so far as they hold paid employ-
ments in concerns where new processes are used, gain a
benefit from them and find therein a means of improving
their pecuniary position.
The sum set apart in the State budget for payment of
salaries for working the domain is instructive on this head.
(1) Report to the Foreign Office, June, 1898, p. 8.
(2) Le Congo beige, August 15, 1896, p. 100.
366 THE GOVERNMENT AS A CIVIL1ZER
12. — ADMISSION OF THE BLACKS TO THE ADVANTAGES
OF THE JURISDICTION ORGANIZED BY THE STATE
Although, in matters of private law, the natives in theory
remain subject to the jurisdiction of their local Chiefs, we
have sometimes found that, in case ot a dispute between
two natives, if either applies to the lawcourts established by
the State, the latter may entertain and try the case. It is
not unusual for the natives on both sides of a dispute to
display their confidence in the official courts.
13. — SPECIAL LAWS REGULATING CONTRACTS OF SERVICE
PASSED BETWEEN BLACKS AND NON-NATIVES.
The Decree of November 8, 1888, is noteworthy. It
secures special protection to the blacks in contracts of
service by limiting the duration of engagements, regulating
the text of the contracts, fixing guarantees for wages and
salaries, displacing the burden of proof to the advantage
of the hired men authorizing the Public Prosecutor to act in
the name and on behalf on the oppressed blacks. Here is
this Decree : —
« "Whereas it is necessary to grant special protection to the
blacks;
» In accordance with article -4S9 of the Civil Code, which pro-
vides that special rules shall be applied to contracts of service
between blacks and non-natives ;
» By advice of Our Council of Administrators General,
» We have decreed and do decree :
» ARTICLE FIRST. — The Director of Justice, in his own person
or acting through the officers appointed for that purpose 'by the
THE GOVERNMENT AS A CIVILIZER 367
Governor General, exercises special guardianship over the
blacks, both native and immigrants, and over labourers and
hired men.
» He takes all legal steps to ensure respect for their rights and
to uphold their interests.
» The Public Prosecutor may, at the requestor the Director of
Justice, act in a suit in the name and on behalf of the blacks
who have been wronged (Art. 3 of the Order of May 14, 1886).
» ART. 2. — The Director of Justice and the officers appointed
by the Governor General shall specially supervise the fulfilment
of contracts signed with the blacks; and shall, if need be,
see to their return home and provide for their journey.
» ART. 3. — No contract of service between blacks and
foreigners may be signed for a period exceeding seven years.
Any contract that binds to a longer stay shall by authority be
reduced to the aforesaid period.
» At the expiration of the term of service, contracts may be
renewed. Nevertheless they may be renewed only with the
consent of the authorities named in art. 1, section 1, if the
term of the new contract added to that of the old one should
involve a continuous engagement of more than seven years.
» ART. 4. — At the request of the abovenamed authorities,
the masters or employers must at all times be ready to prove
that the blacks in their service are working of their own free
will, or in accordance with conditions that they have freely
accepted.
» ART. o. — Any master or employer who shall infringe
section 2 of article 3, or who shall fail to furnish the proofs
required in article 4, shall be liable to a fine of 100 to
1,000 fr.
» ART. 6. — Wages and salaries shall be defined and payable
in cash, or in goods of a class to be fixed in the contract.
» Payment in kind may take the place, in wrhole or in part, of
payment in cash, if the master be, by the terms of the contract,
permitted so to pay, or if there be an agreement between the
contracting parties as to the nature, value, quality and quantity
of the goods to be allowed in lieu of pay. In case of dissent,
368 THE GOVERNMENT AS A CIVILIZER
the master or employer shall be called upon to prove the
contracts.
» ART. 7. — In the absence of any express clause to the
contrary, the master or employer shall always be held liable for
the expenses of the return journey of the hired men to the place
where they were engaged.
» ART. 8. — In the absence of proof to the contrary, masters
and employers will always be held to be wrong and therefore
liable, if the sending home of one or more hired men should
not be carried out at the date and on the terms laid down by
contract or usage.
» In case of gross neglect or unfair dealings they will be
liable to a fine not exceeding 1,000 frs.
» ART. 9. — All details not mentioned in the contracts shall
be settled by local custom, wherever such custom shall not be
contrary to public order, to the principles of freedom confirmed
by the General Act of the Berlin Conference or to the provisions
of this present decree.
» ART. 10. — If the term of service be not fixed, the workman
shall be bound to warn the master of his intention to bring the
engagement to an end ; this warning to be given at such lime
beforehand as local custom shall decide ; yet this interval shall
not be more than 3 months.
» The master shall allow the same interval when giving notice
to his workman.
» ART. 11. — The master or servant who wilfully or mali-
ciously refuses to carry out the lawful clauses of the contract of
service freely passed, or who fails to observe customs legally
binding by virtue of this present decree, shall be fined from
25 to 500 frs. and shall undergo penal servitude for a time of
8 days to 6 months, or either of the aforesaid penalties, irres-
pective of proper compensation ; except when the other contrac-
ting party has also failed to fulfil his promises.
» Servants may be brought back to their masters or employers
by the established authorities. But the masters or employers
may not, under the penalties laid down in the Penal Code,
imprison or forcibly detain the workmen in their service since
THE GOVERNMENT AS A CIVILIZER 309
refusal to carry out the contract may be punished solely by the
passing of the sentences provided by law.
» ART. 12. — Any black workman, who has been the victim
of ill-treatment by the master, may apply to the Courts for the
cancelment of his contract, and may be provisionally authorized
by the authorities to stop work while awaiting the legal deci-
sion ; and this irrespective of any criminal action which may
eventually be brought against such master or employer.
» ART. 13. — Every hiring contract shall, by care of the
master or employer, be set down in writing, and presented for
certification to the proper authorities, within one month of the
date of signing; or, in the case of workmen hired abroad,
within one month of their arrival on the territory of the
Slate.
» The certification shall not be affixed, unless it be first made
clear that the workman has fully understood his engagement,
and irrespective of the legal force of the clauses of the contract.
» Contracts signed by blacks born in the Congo and hired in
the districts selected by the Governor General, and whom it is
proposed to convey to such distance from their homes as he
shall appoint, shall be certified by a document drawn up by
order of the district authority appointed by the Governor
General.
» Masters and employers can claim no benefit from contracts
not drawn up in accordance with the foregoing clauses ; but the
absence of any written certificate or visa cannot be used in
argument against the blacks, whose hiring shall be, at their
choice, subject either to the contracts or to local customs ; but
always within the limits down in article 9.
» ART. 14. — Masters and employers are bound, at the request
of the authorities, named in art. i, section I, during the whole
period of a contract, to make known the residence of their
workmen. Deaths or desertions shall be notified to the same
authorities by masters and employers.
» Subject to the terms of this present Decree, the Governor
General may lay down rules to fix the terms on which contracts
may be signed, and may designate the agents whose duty it shall
24
370 THE GOVERNMENT AS A CIVILIZER
be to superintend them. He shall determine the fee for the visa
•of hiring contracts.
» He may mark the spots or districts where recruiting shall
be forbidden.
» ART. 16. — Our Administrator General for the Department
of Foreign Affairs, having also the Department of Justice under
his control, is made responsible for the carrying out of this pre-
sent Decree, which shall be enacted from and ofter this day,
November 8, 1888. »
14. — THE SPECIAL PROTECTION GRANTED TO BLACKS
FOR OBTAINING REDRESS ACCORDING TO LAW.
Following its invariable principle of protecting the weak,
the Congolese law insists on aiding them whenever they ask
for the legal redress of a wrong they have suffered. With
this object article 95 of Book I of the Penal Code is thus
drawn up : —
« The Court shall fix the amount of damages. When the
offended party is a native, the Court may ex officio determine
the amount of compensation or damages due according to local
customs. »
We have already pointed out that in common law suits
between natives, when the State — appointed Court is
apprized of the dispute by one party, it may grant to that
party the benefit of its jurisdiction.
15. — THE COMMITTEE FOR THE PROTECTION OF NATIVES.
In order to secure more efficient protection for natives,
by accepting for this purpose the voluntary help of the
delegates from the various philanthropic and religious
institutions, the State has created a permanent Committee
under the conditions laid down in the Decree of Septem-
ber 18, 1896, which is worded as follows : —
THE GOVERNMENT AS A CIVILIZER 371
« A permanent Committee shall be formed whose duty it shall
be to ensure the protection of natives troughout the whole of
the State's territory.
» The members of this Committee shall be chosen by the King
Sovereign, for a term of two years, from among the delegates
of philanthropic and religious Associations,
« Are appointed as members of this Committee : three delegates
from Catholic missions and three from Protestant missions (1). »
16. — THE SETTLEMENTS FOR NATIVE CHILDREN.
There is one more measure which testifies to the deep
interest taken by the State in the natives, particularly those
of their number which run the greatest risk of a miserable
fate, a class which, by protection and help, may grow into
a most hopeful element for the future. The Decree of
July 12, 1890, concerning settlements for native children
ruus as follows : —
« Whereas measures of protection are necessary in favour of
children who have suffered from the slave-trade, and whereas
it is in general the duty of the State to provide for the guardian-
ship of abandoned children, or of those whose parents are not
fulfilling their natural obligations.
» Therefore, by advice of Our Secretary of State for Foreign
affairs, We do hereby decree.
» ARTICLE FIRST. — The State shall have the guardianship of
all children set free by the arrest or dispersion of a slave gang;
of all fugitive slaves who claim its protection, of all children
lust, deserted or orphaned and of those whose parents do not
fulfil their duly in maintaining and educating them.
(1) President : Mer Van Ronsle, bishop of Thymbrium, Vicar Apostolic
of the Belgian Congo; members : the Rev. F. J. Van Hencxthoven, S. J.,
— the Rev. F. Cambier of the Scheut Congregation, — Mr. William
Holman Benlley, of the Baptist Missionary Corporation,— Doctor A. Sims
of the American Baptist Missionary Union, and Mr. George Grenfell,
of the Baptist Missionary Society, secretary.
372 THE GOVERNMENT AS A C1VILIZER
» Means of subsistence shall be furnished to them, and care
shall be taken to provide them with a practical education in
order to enable them to earn their living.
» ART. 2. — Agricultural and technical settlements shall
be established to receive firstly the children qualified according
to article 1 and secondly, as far as may be, the children who
apply for admittance.
» ART. 3. — From the date of their admission, the children
shall be exclusively under the guardianship of the State; they
shall remain in that position and they shall be bound to do the
work set them by the Governor General until the completion of
their 2olh year, in return for the maintenance, board, lodging
and medical attendance, which shall be given to them.
» ART. 4. — Our Governor General shall make bye-laws
to determine the conditions of admittance of the children, the
choice managers, the programme of manual and intellectual
training, the supervision, the punishments, and the nature of the
public services in which the children shall be employed. »
In accordance with the Decree on settlements for native
children, the Governor-General has issued, on April 23,
1898, a Decree dealing with the matter.
17. — THE GUARDIANSHIP EXERCISED BY PHILANTHROPIC
AND RELIGIOUS SOCIETIES.
The following provision is laid down in the Decree of
March 4, 1892 :
« Whereas it is expedient to complete the Decree of July 12,
1890, concerning the protection of abandoned children or
victims of the slave-trade ;
» By advice of Our Secretary of State for the Interior, We do
hereby decree :
» ARTICLE FIRST. — The legal representatives of philanthropic
and religious Societies may, by submitting an application to the
Governor-Genera], be allowed, in the agricultural and technical
settlements under their management to receive those native
THE GOVERNMENT AS A C1VIL1ZER 373
children whose guardianship belongs to the State. The applica-
tion shall contain the programme of the technical instruction to
be given to the children.
» ART. 2. — The authority granted by the Governor-General
shall determine the conditions under which it is granted. The
authorized settlements shall be placed under the supervision of
the Governor-General or of his Deputy.
» Our Secretary of State for Home Affairs shall be entrusted
with the carrying out of this Decree which takes effect on and
from this day. »
18. - THE LOCAL COMMITTEES FOR PUBLIC HEALTH.
Let us here draw attention to the formation of local
committees for public health, of which the order oi April
24, 1899, confirmed by the Decree of December 7, 1899,
speaks as follows :
« ARTICLE FIRST. — In every chief town of a district or of a
zone a committee for public health shall be formed.
» ART. 5. — The mission of these committees shall be to super-
vise all that refers to public health, to study questions of
hygiene and to point out to the competent authorities the steps
to be taken to improve the health of their neighbourhood and
to check epidemics.
» ART. 8. — As often as possible and at least once every three
months, the Committee shall, in the chief town of the district or
zone, inspect the houses, with their outbuildings, inhabited
by people of black or white race. These visits may take place
without warning; and afier each visit a report is sent in to the
District-Commissioner, who forwards it with his opinion to the
Governor-General.
» ART. 9. — In case of epidemics or contagions diseases... the
doctors being members of the Commission shall personnally
ascertain the nature and character of the disease and shall
arrange with the authorities for the necessary measures. »
Provisions for carrying out this Decree were haken by an
Order of the Governor-General dated April 3, 1892.
374 THE GOVERNMENT AS A CIVILIZER
There are at present in the Congo 27 medical men and
20 Health Committees.
A Bacteriological Institute is established at Boma.
The report to the King-Sovereign, dated July lo, 1900,
after pointing out the creation at Boma of a hospital for
natives .and the importance of the decree of September 7,
1899, adds the following remarks : —
« As regards the sanitary conditions of the State employes,
we have to notice the improvements in the dwelling houses of
stations. Light building materials have been replaced by
stronger materials. Brickfields and building shops have been
opened. The dwellings occupied by both black and white
people are reasonably comfortable.
» The natives already follow these examples and their villages
begin to look better since they gradually substitute finer and
healthier buildings for the old squalid huts. »
19. — GENERAL INFLUENCES :
GOVERNMENTAL, ECONOMIC AND MORAL.
The State has taken the liveliest interest in all that
regards the preservation of the natives and ihe improvement
of their moral and material condition.
At the same time, the Government has taken special
pains to enable all governmental, economic and moral
factors to contribute, by the system of the division of labour,
their most powerful effects to the regeneration of natives.
The State has taken a firm hold everywhere; and it has
carefully developed the important administrative, judicial
and military institutions, which the Act of Brussels propo-
sed as the best calculated to permanently ensure to the
natives the blessings of a civilizing education.
THE GOVERNMENT AS A CIVILIZER 375
The State, on the one hand, has realized or favoured the
great undertakings of public interest for the development
of the economic equipment and for the propagation of
industry, trade and all the elements of material civilization.
In the same manner it has protected the development of
charitable and religious institutions, and especially of Chris-
tian missions, irrespective of creeds. Innumerable facts and
testimonies show the success of its work in that direction.
Acknowledging the necessity of interesting the natives
themselves in the work of their civilization by personal
efforts and by the virtue of labour, the State considered as
its duty to obtain this cooperation by way of an attractive
remuneration.
It has done it with moderation, humanity and firmness,
while surrounding its action in this direction with the
necessary guarantees and rightly considering that, as well
for inferior as for superior races, work is a great morali-
zing power and the very lever for social progress.
Thus did it apply in this sense the motto it chose
immediately after its foundation, and to which it is the first
to remain true : « Work and Progress. »
20. — A PAGE OF COMPARATIVE STATISTICS.
Before leaving this chapter of the civilizing Government,
we desire to arrange in a short table, the whole of the
statistic information given throughout our work, and com-
pare them with data obtained some fifteen years ago (1).
(1) Compare The Fruth about the civilisation in Congoland c LaVe>it6
sur la civilisation au Congo i by a Belgian 1903, in fine.
37G
THE GOVERNMENT AS A CIVILIZER
1885-1886
1901-1902
I. — Local Government.
91
1.-2T-2
-15
-215
Acknowledged Native Chieftaincies
258
II. — Budgets.
Ordinary Receipts .
4,5-23,000
28,709,000
» expenses
i, 523,000
28,549,000
730,000
6,055,000
III. — Public force.
Officers
(1891)
23
223
Non-commissioned officers
308
Men
•1,487
16,775
IV. — Organisation of Justice.
Courts of justice and Courts-martial
V. — Civil services.
Registration offices for births, etc
1
4
44
57
Notarial offices •
1
26
Land titles registration office .
i
I
VI. — Economic administration.
Establishments for cultivating and breeding
purposes
70
€ Chefs des cultures »
55
Agents to the forest department (replanting of
india-rubber)
21
Botanical garden
Trial garden
created
Model farm
in 1900
Colonial garden
Coffee trees
•2,000.000
D Cocoa trees
300,000
HS India-rubber plants replanted . .
Gutta-percha plants
5,250,000
4,000
VII. — Navigation.
Navigable rivers-explored and plied (kilom.) . .
Number of river-steamers
3,000
5
15,000
102
PORT ( Incoming vessels (tons)
166 028
477,814
MOVEMENTS 1 Ouleoine vessels (tons). . • .
163.716
472.395
THE GOVERNMENT AS A CIVILIZER
377
1885-1886
1901-1902
VIII. — Railways.
In operation (kilometres) — 480
Under construction — 1,600
Projects under consideration I — 450
IX. — Posts and telegraphs.
Telegraphic and telephonic lines (kilom.) ... — 1,332
. » Letters 20,936 274,114
TALTRAFIC j printed mat(er
X. — Special trade.
Exports . . 1,980,441 50,488,394
(1887)
Imports 9,175,103 23,102,064
(1893)
XI. — Trading companies.
Belgian — 48
Other 6 14
Capital 87,500 136,000,000
XII. — Missions.
Congregations • . 2 13
- '"
0 Establishments exclusive of t fermes-cha-
1 ' pelles i 3 44
f: | Schools 25
£ I Christians — 18,973
1 Catechumens I 24,731
Children 1 5,515
/ Congregations i 3 8
H i Missionaries 2-21
< ' Establishments (excluding secundary posts) 14 40
| Communicants — 6,521
g I Catechumens — 1,470
« f Children (week-school) — 10,162
1 » (sunday-school) — ' 5,641
FOURTH PART.
THE SOVEREIGN.
The Sovereign
1. — THE ADVANCE OF MODERN COLONIZATION.
An intensive movement has nowadays driven the most
progressive and best-endowed races towards countries so
far closed to civilization. Never has the sea, — this high
road of enterprising nations, so termed some years ago by
the King of the Belgians, when inaugurating the Grand Con-
cours des Sciences et de V Industrie in Brussels— better
demonstrated that its uniting power is much greater than
its separating power, that it is a source of most remune-
rative enterprises and a constantly open road to the mani-
festations of the human solidarity in every direction . Never
before, after being subdued by our powerful navigating
crafts, did it so well reveal itself, — with its plane area,
notwithstanding the waving of its crystal, with its waves
looking like so many guiding rails resting and moving in
every direction according to requirements— as a traffic
ground susceptible of comparison with the most improved
railways and as a natural implement befitted to the Unitarian
destiny of mankind.
The future will more and more do justice to the sove-
reigns and statesmen of modern times who, taking the
382 THE SOVEREIGN
head of the universal progress movement, have foreseen
the inclination of our time and have had in mind the firm
purpose of associating their country — while securing to it a
more plentiful, but also better deserved part— in the trans-
formation of the conditions of life in the world.
Those intrepid precursors did not obey a vain desire
for conquest or considerations of proselytism. Driven
without hesitation by the marvellous progress of our times,
more particularly as regards the means of communication
and the generating process of wealth, excited beyond any
doubt by the desire of escaping the danger of relative
lessening, by spreading their mind outward and proving
their vitality, overtaken perhaps in a certain measure by
the contagiousness of example, their attitude has been
dominated, in reality, bv clearly perceived necessities of
an economical nature still more than by requirements of a
demographic kind.
This is the primary cause of the movement of which they
have been the protagonists. This is the explanation ot its
generalisation and at the same time the fundamental reason
why the progress of colonization is not and cannot be consi-
dered as the exclusive appanage of a few powers, or of a
group of Slates.
The necessity of looking throughout the globe, without
injuring the rights of others, for an outlet for commerce,
and new materials of wealth, may be not less imperious,
may even become more indispensable for certain small
countries than for some greater ones. The effort displayed
to satisfy these needs in all the markets of the world, on
the principle of fair competition, is quite legitimate — it is
the common right of all States. Then how much more legi-
THE SOVEREIGN 383
timate still would appear the tendency to give scope to these
needs by the search for fresh outlets in new countries.
For the nations confined within narrow limits in Europe,
abounding with energy, capital and products, exposed to
all the vicissitudes which the political economy of the other
States may engender, colonial expansion may be not only
justified but ordered by the double law of preservation and
progress, which is also the law of humanity.
And this is true, be it observed, of the permanently neu-
tral States as well as of those which retain the power of
mixing in wars between other States. The fact that the
sphere of such sanguinary conflicts and violent conquests is
closed to them, is a special reason why the sphere of pacific
evolution to its fullest extent should remain open to them.
Now, colonization, in so far as its operations are limited to
territories considered vacant trom an international point of
view, remains essentially a form of the pacific activity of
nations.
To allege that the exercise of this legitimate consequence
of their right of independence and preservation may give
rise to international difficulties, would surely not suffice to
deny it to the permanently neutral States. A great number
of international rights and even innocent looking facts may
give rise to international difficulties. If the prospect of
possible disputes should always be a decisive reason for
renouncing the exercise of just rights, the sovereign States
would be placed in the position of powers unable to act
for their own legitimate well-being or for the maintenance
of the most pacific relations.
The history of colonization is far from proving, moreover,
that the States with limited territory, having access to the
384 THE SOVEREIGN
sea, are more destitute than others of a colonizing capacity.
It seems to show, on the contrary, that the great States,
possessed of much land, are inclined for a longer time to
devote themselves to an internal and continental coloniza-
tion, whilst the States with limited territory, having a sea-
coast, are better able to find for themselves new outlets such
as the continent only offers them sparingly, and to provide
themselves by this means with the increase of resources
necessary for the growth of public prosperity. Venice
formerly, the Netherlands formerly as well as at present— to
quote two instances only, — are evident and memorable
illustrations of this lesson of History.
One must not think that this colonizing r61e of the small
States, well understood and applied to a clearly defined
task, cannot usefully serve the general cause of humanity
and progress, and harmonize with the interests of other
nations.
In the immense field of colonization applied to the entire
globe, there is room for humble workers. The colonial
possessions of a number of great Powers are so vast that it
would be almost absurd to say that settlements founded
by secondary factors of colonization are prejudicial to the
expansion of the former. Let us add that these secondary
factors, owing to the very fact that their sphere of action is
smaller and less exposed to the consequences of compe-
tition or abandonment resulting from foreign entanglements,
may, by the concentration of their efforts on a single point,
produce the surprising results which are sometimes noticed.
Let us remark, moreover, that it may not be a matter of
indifference to the general economical equilibrium that in
colonial matters, as elsewhere, there should be a counter
THE SOVEREIGN 385
weight to prevent collisions which might arise from a too
great displacing of the centre of gravity of interests, and
to thus guarantee to individual rights a protection accorded
to all.
One must not forget, however, that independently of
questions of law which seem to keep their importance even
in international matters, the permanent arrangement of
interests on the basis of actual possessions is a safer means
for the settlement of international affairs than the unbrid-
ling of appetites, in which irresponsible publicists imagine
that they have found a solution of all difficulties.
England incontestably holds the first rank among nations
from the point of view of general economy (commerce,
manufactures, navigation). As a colonizing power she
holds an unrivalled position.
The British Empire consists of :
Sq. kilom. Population.
United Kingdom . . . . 314,339 41,962,510(1902)
India Empire 4,860,000 293,215,000 (1901)
Colonies and protectorates . 23,870,000 60,785,000
29,044,339 397,962,510
The sphere of the British Empire is world-wide in the
full meaning of the term. The elements of which this
empire is composed fit into one another remarkably well.
England has shown herself equally superior in colonial
expansion by means of the formation of new societies,
shaped on her own model, and born of her own blood, and by
means of direct government of communities of a lower civiliza-
tion in the widely differing countries submitted to her domi-
nation. He who has not studied the British Empire, cannot
form a complete idea of the varied forms and many possibi-
25
386 THE SOVEREIGN
lilies of human government. If English policy, like all
human policy, may have its imperfections and faults, it
remains none the less the most marvellous combination of
human genius applied to the government of man, and the
historical development of English influence in the new
worlds appears none the less to the impartial observer a
great benefit to humanity.
Colonization is the most powerful expression of the natio-
nal tendency of England ; it is identified with the economi-
cal life of the country. We may derive inspirations from
English colonization, but it is impossible to copy it, for it
is inimitable. We can understand the enthusiasm of
Englishmen for their « Greater Britain. » The colonial
work of England assures to the nation which has accom-
plished it a perpetuity as glorious as it is fruitful.
France, after a period of expansion, during which it
appeared doubtful which would, in the future, be the
greatest colonial power, lost her finest colonies, and
the remembrance of her traditions and methods of coloni-
zation has been almost obliterated. A renewal of coloni-
zing activity is, however, taking place in that countiy
at present and France, not to mention the gems which she
possesses in the Mediterranean, is now mistress, in Africa
and Asia especially, of magnificent possessions beyond the
sea, to which she applies ever firmer and more fruitful
methods of development. It is well known that the popu-
lation of France does not quite amount to 39 millions.
The population of her colonies amounts to 46,600,000.
Having entered the arena of outer expansion at a later
period, modern Germany, possessed of a special business
genius and an almost unequalled technical organization,
THE SOVEREIGN 387
under the powerful impetus given her by the Emperor, has
thrown her master faculties and the energetic activity of her
people into this double external task : commercial and colo-
nial expansion. She has made enormous strides in the first
direction, the most difficult in some respects, as she had to
struggle with many rivals in markets open to all comers.
If the marvellous progress that she has made in this respect
seems to eclipse her forward march in the Colonial line, she
has at least acquired a series of important colonial settle-
ments, whose population amounts to over 12 million inhabi-
tants, and which she turns to account in a remarkably
progressive manner, at the same time unceasingly directing
her attention with astounding success, to commercial
competition proper.
Holland has preserved splendid possessions in the East
Indies, notably Java, one of the models of tropical coloniza-
tion. She holds her colonial experience as one of the most
highly prized elements of her national inheritance, and she
applies the practical, enduring and mercantile qualities of
the Dutchman to the improvement of her beautiful posses-
sions beyond the seas. She is the most perfect model and
preeminently the leader of the small colonizing countries.
Exclusive of Java, which alone has a population of 28 mil-
lions, the Dutch colonies count about 10 million inhabitants.
Among European nations of the Latin race, several have
been less fortunate in our days than France. Spain has
been the most sorely tried. The colonizing activity of Por-
tugal, on the contrary, has in some respects been awaken-
ed ; Portugal has possessions extending over two million
one hundred and forty-six thousand square kilometres,
with a population of 5,850,000 inhabitants. And if Italy,
388 THE SOVEREIGN
who, in the days of old, has given so many proofs of her
ability to brand other peoples with the stamp of her civiliza-
tion, has experienced some reverses at the beginning of her
late-born and hurried colonial policy, she has at least been
able to guard herself from the extreme measures which are
sometimes the outcome of irritation and discouragement,
and has finally adopted a line of action which leaves her
hands free for the future. Italian emigrants people Tripoli,
South America, and will find a place in the Congo. Italians
are industrious, sober, enduring, and make first-class
colonizers.
Not so closely shut up within their own dominions as the
other Powers, the Russian Empire, with its area of
22 | million square kilometres, and its 129 million inha-
bitants, and the Republic of the United States of Ame-
rica, with its 9 1 million square kilometres, and its
77 I million inhabitants have directed a great part of
their activity to internal and continental colonization
within their own immense territories. At the same time
their power of expansion abroad is very much in evidence
in these days. It acts in a slow and continuous way as
regards Russia, who is at the same time developing her
economic resources ; in a bolder and more enterprising way
in the United States, who have marvellous industrial and
commercial forces at their disposal.
In the face of the situation that we have just roughly
sketched, such a country as Belgium, having access to the
Ocean, and possessing ports, one of which is among the
most magnificent in the world, possessing immense econo-
mic resources and powerful reserves of energy, would be
throwing away obvious natural advantages unless it made
THE SOVEREIGN 389
use of the sea as a highroad, and adopted a policy of economic
expansion suiting its needs and capacities. If, in the
career recently opened to all manufacturing and commer-
cial nations, such a country must inevitably meet more
powerful rivals, on what grounds would it meet opponents,
when, pursuing a legitimate and necessary object, it takes a
modest but courageous part, on a more spacious area, in
the common struggle of civilization in that strife which is the
common destiny of our time ?
2. — LEOPOLD I AND COLONIZATION.
Since the revival of its independence, Belgium has had
the providential good fortune of being governed by two
Kings who have spent untiring efforts in assuring the coun-
try an honorable place among the nations, in developing
all the internal branches of activity which tend to increase
public wealth, and in procuring new fields of activity for
the national energy.
Concerning colonization in particular, one must acknow-
ledge that the obstacles against the acquisition of foreign
possessions by Belgium, have not come from abroad. At
various times we received encouragement from other coun-
tries. But it would seem that in such an important ques-
tion for the future prosperity of the nation, the national apathy
was extraordinary. The history of the attempts made by
our first King to overcome this indifference is little known.
Most of these attempts were of a personal kind, and the
expenses had to be borne entirely by our princes. We
have pointed out in our study on « The Neutrality of Bel-
gium » several undertakings, which the State supported in
390 THE SOVEREIGN7
a weak way and for a short-time. We will here recall
some facts which belong to history :
In 1841 there was formed in Belgium, with the consent of the
Government, a limited company for the purpose of founding
colonial settlements in Central America. A settlement was
established at Santo-Toma. The enterprise was neither suffi-
ciently supported nor suitably managed.
After a number of less official attempts, such as the one made
in the province of St. Catherine of Brazil in 1844, a new attempt
was made in 1847 at Kansas (Missouri) and at Ste Marie (Penn-
sylvania). This latter led to a convention signed by the Minister
of the Interior.
In 1848, in consequence of the law voted on the 18th of
April, Belgium acquired possession of a region belonging to
native chiefs on the banks of Rio-Nunez (Coast of Guinea). She
was thus thirty-five years in advance of the French, English and
Germans in taking possession of territory on the same coast.
This acquisition gave rise to two agreements. The first, appro-
ved by the Government in 18i8, was superseded ten years later
by a contract regulating the conditions under which the Belgians
who established themselves in the country could claim the
advantages stipulated by the former arrangement.
By the force of events, the mission of the first head of the
Belgian dynasty was to constitute and consolidate the
country. Circumstances obliged him above all to be the
founder of the nation. It was reserved for the second of
our princes to guide the country into the path of national
expansion.
3. — THE IDEAS OF THE DUKE OF BRABANT.
No one can reproach the Belgian Sovereign who to day
wears two crowns, one European and liberal, the other
African and humanitarian, with not having perfectly under-
THE SOVEREIGN 391
stood the spirit of his age, or with not having endeavoured
to develop the prosperity of his country in harmony with
that spirit. And no one will deny him the credit, at a time
when not only Belgium, hut many other States were more
or less paralyzed, of having proclaimed, ceaselessly and
everywhere, the necessity of Belgium enlarging her borders.
It is fifty years since King Leopold made his profession of
faith in this respect, and ever since he was allowed, as heir
to the throne, to speak in the national councils, he expres-
sed himself on this point with a frankness, energy and
intuition of the future to which it is only right to render
homage. At a time when it was certainly creditable to
him, the future King of the Belgians, foresaw the economic
changes which would result from the enormous progress of
scientific knowledge and of their application to the subjec-
tion of natural forces, and to the taking possession of the
globe, fulfilling his mission royally by keeping a constant
look-out on the horizon and foretelling what would be the
dawn.
This is how the Duke of Brabant, on December 1858, des-
cribed the mission of the Belgian Government several years
before his accession to the throne.
« Belgium, having been preoccupied until now by the
establishment of her political system, and the perfecting
of her laws, has scarcely had time or opportunity to
seriously consider the peaceful conquest of those rather
distant outlets which, however, are so important that the
development of our own industries and of those of our
nearest neighbours requires us to search for them eagerly.
But to-day our internal organization is perfected, the
392 THE SOVEREIGN
edifice of our liberties is complete, and it is only necessary
to guard its preservation ; therefore it is now possible for
the Government and the country to bring all their energies
to bear on the solution of these problems on which the
fortune of our nation depends. »
The need for an economic policy, new and daring,
the necessity of aiming at the development of our relations
in all the markets of the world, are mentioned in these terms
in the speech of April 9, 18o3, the first which the Duke of
Brabant made in the Senate :
« The perfection of our products and the cheapness of
our prices give us the right to claim an important place
in all the markets of the world. A young nation such as
ours must be bold, always progressive and confident in
itself. I am not afraid to say that our resources are
immense ; we can turn them into boundless profits.
» // is enough to dare in order to succeed. It is one
of the secrets of the power and splendour which our
Northern neighbours (the United Provinces) enjoyed for
more than a century. We possess, beyond a doubt, as
many elements of success : why should we aim lower? »
The idea of opening to Belgium new horizons, in which
the energy of our race should acquire new strength and to
which the overflow of our productive activity could be
diverted, is developed still more fully in the speech of
February 17, 1860. This passage has often been
quoted :—
« / feel with deep conviction the extent of our resources
and I ardently wish that my beautiful country may have
the necessary boldness to turn it to the best possible
THE SOVEREIGN 393
account to which I believe they can be put. I believe
that the moment is come for us to extend our territories.
I think that we must lose no time, under penalty of seeing
the few remaining good positions seized upon by more
enterprising nations than our own. »
We ought to quote many other passages from this speech
which fills no less than ten columns of our Annales parle-
mentaires and which ends with the historical demonstra-
tion, applicable to all the great colonizing nations, of this
truth : « The colonies have not only always served well the
commercial interests of the nations, but it is to these settle-
ments that the greater number of them owe their greatness
past or present, » One should have heard the Duke of
Brabant's timely reminder to the Belgians that the sea
washes their coast.
« So far, Gentlemen, — excuse this plain language in
a colleague who knows no other passions than the public
good, and who only sees in our present prosperity the
starting point of our future success, — Belgium has not
sufficiently remembered that the sea washes one of her
boundaries. »
The possession of coasts, of a magnificent port, perhaps
unique in the world, are elements of riches of which
we cannot make too much use, and of which nations
who have succeeded have largely availed themselves.
« Are not our 1,600 kilometres of railway lines, the
oldest on the Continent, waiting impatiently for the State
to complete and prolong them by means of regular lines
of navigation to the principal markets of the world ? »
394 TITK SOVEREIGN
In the sitting of March 21, 1861, we find the same
insistence in terms that \ve should again like to quote.
« If this country consulted her best friend, from whom
it has received the best proofs of affection and devotion,
if she asked him : What must we do to raise to its
highest degree the material and moral prosperity of the
kingdom ? the friend would reply : Imitate your neigh-
bours; extend beyond the sea whenever an opportunity is
offered; you will find there precious outlets for your pro-
ducts ; food for your commerce ; an occupation for all the
hands which we cannot employ at this moment ; a useful
way of disposing of the surplus of our population ; a new
source of revenue for the treasury, which may some day
allow the Government, following the example of the
Netherlands, to lower the taxes at home; finally, a
certain increase of power, and a still better position
among the great European family. »
It was then that the future Sovereign of Belgium advised
the nation to practise what he called the policy of observa-
tion, in order not to lose the opportune moments.
« If this policy of intelligent observation and slow
preparation for action, which 1 recommend to the country
for the future, had been practised in the past, we should
already have fine possessions beyond the sea. »
4. — THE WORK OF KING LEOPOLD II AND HIS PROGRAMME.
The prince who thus spoke was induced, by the events
mentioned at the beginning of this work, to give expression
THE SOVEREIGN 395
to his ideas, thus serving at the same time in a conspi-
cuous manner the cause of humanity.
Without neglecting to observe the prudence which the
circumstances required, he did this simply, royally, and with
the necessary sacrifices. The first results were not brilliant
from a material point of view. Those who wished at any
price that the enterprise should turn out a hopeless failure,
are almost ready to complain now that it is gradually impro-
ving. Such people are hard to please indeed.
Anyhow, to-day, its achievement is a fact ; and the sim-
ple statement of its formation, organization and working is
its best claim to the appreciation of all impartial men.
From the Ocean to the dividing line of the Nile basin,
the blue flag with the golden star is displayed and faith-
fully guarded. No other African colony of recent creation
has pursued with more energy the entire occupation of her
territory to the furthest borders. No other has caused the
authority of her power to be more respected.
« Look at the Congo State, » said Lord Salisbury in the House
of Lords. « Everything has not gone there as well as could be
wished, but still a great domination is maintainsd. There are
two sets of opinions ; but what is undoubtedly true is that Bel-
gium— a very much less powerful country than Great Britain —
has been able to maintain the dominions of her King over a
territory larger than the Sudan (1). »
The Government organization is complete. The Decrees
are obeyed. The administrative hierarchy forcibly reveals
itself under the double forms of unity and decentralization.
Justice more and more strictly encloses in its meshes trans-
The Times, February 8, 1899.
396 THE SOVEREIGN
gressions of order, whether they are committed by natives
or others.
The economic equipment is exceptionally powerful.
There is an improvement is the soil. The finances are
autonomous, and the budget balances. The taxable forces
of the country are equally divided.
The army is numerous, trained and becoming more and
more disciplined.
The movement of exports and imports is continually on
the increase.
Christan missions are protected and aided; science is
encouraged and developed.
And under the unfortunately too scorching sun of the
Equator, at the posts where they meet one another, the
Governor, the Judge, the engineer, the explorer, the manu-
facturer, the merchant and the soldier, according to
countless witnesses, do excellent work and lead a contented
life.
Some discontented individuals, displeased for some
reasons of their own, feel in bad temper and cry their com-
plaints to the four winds. They denounce the Goverment
of the Congo to other Governments. But the Powers cer-
tainly have something else to do than to take up their
quarrel, and to thwart the development of a State bravely
conquered from barbarism by the initiator of the African
movement.
As regards Belgium, she is conscious that the great
Congolese work has powerfully served the vital interests of
the country and given rise to a spirit of enterprise fraught
with the happiest results. And her confidence in the future
can no more be destroyed than her gratitude for the past.
THE SOVEREIGN 397
As to the keeping of the guiding rules of the Congolese
policy, the Sovereign, we may be sure, will manage that,
and if it is not possible for him, more than for any other
Government, to foresee all the individual breaches of his
rules, he will know what to do in order that the wise and
progressive programme drawn out by himself shall triumph
over these unruly elements. He has formulated this pro-
gramme again, not many years ago, in two memorable
documents. We cannot better close these pages conse-
crated to the study of civilizing Government in the new
countries, than by reproducing its text.
This is the letter of the King-Sovereign to all his agents,
retracing for them the general programme of their actions
and indicating the spirit in which the government means to
have it carried out :
Brussels, 16th June 1897.
Sir,
The agents of the Congo Free State have been much
tried of late. Their ranks have been thinned by cruel and
repeated attacks. Associating myself with the unanimous
expressions 4)f regret aroused by these painful losses,
I desire to pay my tribute of acknowledgment to all those
who have so bravely sacrificed their lives in the accom-
plishment of duty.
Like every great cause, that which we serve in the
Congo has had numerous martyrs.
To those who respect these manly traditions, I desire
lo address a few words, coming from my heart.
The task which the State agents have to accomplish in
398 THE SOVEREIGN
the Congo is noble and elevated. It is incumbent upon
them to carry on the work of the civilisation of Equa-
torial Africa, guided by the principles set forth in the
Berlin and Brussels resolutions.
Face to face with primitive barbarity, struggling
against dreadful customs, thousands of years old, their
duty is to gradually modify those custom*. They have
to place the population under new laws, the most impe-
rious as well as the most salutary of which is assuredly
that of work.
In uncivilized countries, a firm authority is, I know,
necessary to accustom the natives to the practices of civi-
lization, which are altogether contrary to their habits.
To this end, it is necessary to be at once firm and pater-
nal. And, in the first place, in a country like the Congo,
the native population is the basis of its ivealth. The first
efforts should tend to assure its free development.
Civilised society attach to human life a value unknown
among savage peoples. When our guiding will is planted
among the latter, it must aim at overcoming all obstacles.
The result cannot be obtained by mere speeches, however
philanthropic may be their tenour. But if, with a view to
the necessary domination of civilization, it be permitted,
in case of need, to have recourse to forcible means, the
supreme sanction of right, it is none the less true that
the ultimate object is one of peace. Unnecessary wars
ruin the country where they occur, as our agents know well.
Therefore, from the moment their effective superiority is
established, they are loth to abuse that authority. The
unfortunate blacks who are still subject to their traditions
alone, believe that victory is only effective when the fallen
THE SOVEREIGN 399
enemy is disabled. The soldiers of the Stale must be
recruited among the natives. They do not easily abandon
the sanguinary habits transmitted from generation to
generation. The example of the white officers and mili-
tary discipline will make them hate (he human trophies
of which they are now proud. In their chiefs they should
see the living demonstration of the superior principle that
the exercise of authority has nothing in common with
cruelty : the latter ruins the former.
I am glad to think that our agents, nearly all of whom
are volunters from the ranks of the Belgian army, always
bear in mind the rules of the honorable career in which
they are engaged. Animated with a pure sentiment of
patriotism, recking little of their own blood, they will care
all the more for the natives who will find in them the
powerful protectors of life and property, the kindly guar-
dians of whom they stand so much in need.
The aim of all of us, — / desire to repeat it here with
you — is to regenerate, materially and morally, races
whose degradation and misfortune it is hard to realise.
The fearful scourges of which, in the eyes of our huma-
nity, these races seemed the victims, are already lessen-
ing, little by little, through our intervention. Each
step forward made by our people should mark an impro-
vement in the condition of the natives.
In those vast tracts, mostly uncultivated and mainly
unproductive, where the natives hardly knew how to get
their daily food, European experience, knowledge,
resource and enterprise, have brought to light unthougl-
of wealth. If wants are created they are satisfied even
more liberally. Exploration of virgin lands goes on,
400 THE SOVEREIGN
communications are established, highways are opened,
the soil yelds produce in exchange for our varied manu-
factured articles. Legitimate trade and industry are
established. As the economic State is formed, property
assumes an intrinsic character, private and public owner-
ship, the basis of all social development, is founded and
respected instead of being left to the law of change and o'
the strongest.
Upon this material prosperity, in which whites and
blacks have evidently a common interest, trill follow a
desire on the part of the blacks to elevate themselves.
Their primitive nature will not always resist the efforts of
Christian culture. Their education, once begun, will no
more be interrupted. In its success I see the crowning
of the task undertaken by our people and so ably seconded
by religious missionaries of both sexes. The most urgent
part of the programme we wished to realise was to set up
direct communication with the natives all over the Congo
basin. And this was done in the course of fifteen years,
without the help of any State, if it were not that lent by
Belgium. The establishment of a whole, compact series
of stations gradually substitutes for savage warfare, car-
ried on incessantly between tribes and villages, a regime
of peace.
From a geographical entity, physically determined, the
Congo State has become a country with distinct fron-
tiers, occupied and guarded at every point, — a result
almost without precedent in the history of colonisation,
but which is explained by the concentration of our united
efforts on a single field of activity.
Our own difficulties will be considerably lessened in
THE SOVEREIGN 401
a short time when the railway between the Lower-Congo
and Stanley Pool is completed.
I here make a renewed appeal to the devotion, of which
our agents have already given such abondant proof, that
the establishment of this means of communication may
bear fruit as soon as possible. It will closely connect the
Congo with the mother country, it will afford all Europe,
which is so interested in our work, an opportunity to take
an intelligent and kindly interest in our work. It will,
finally, give a decided fillip to our progress, and it will
speedily introduce into the vast regions of the Congo, all
the benefits of our Christian civilization.
I tliank our agents for their efforts and I reiterate to
them the expression of my royal regard.
LEOPOLD.
EDM. VAN EETVELDE.
This finally is how, on that memorable day— Octo-
ber 16, 1898— at the time when the whole town of Antwerp,
invited by the Chamber of Commerce of the city, celebrated
with festive splendour the great Congolese work, the King-
Sovereign briefly reminded them of his programme and
once more repeated the principles which constitute the
corner stone of the policy of the State : —
The Congo State will endeavour to deserve the good-
will of the Powers by punctually fulfilling the duties of
neutrality. Accepting all the aid which may be offered
it, seeking for them with care, it will never forget its
26
402 THE SOVEREIGN
duties to itself; but will march with a [inn step in the
path it has planned for itself, and will continue to give
proofs of a real and fruitful life; its administration
r.'ill be pursued in the triple interest, national, inter-
national and civilizing, which has guided its first years.
A 000 1 66 640 3
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