The story of the Congo Free State

by Henry Wellington Wack

GENERAL ACT OF THE BERLIN CONFERENCE

In the name of Almighty God,—

His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain; the President of the United States of America; the President of the French Republic; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the King of Italy; His Majesty the King of the Netherlands, Grand Duke of Luxembourg, etc.; His Majesty the King of Portugal and the Algarves, etc.; His Majesty the Emperor of All the Russias; His Majesty the King of Sweden and Norway, etc.; and His Majesty the Emperor of the Ottomans,

Wishing, in a spirit of good and mutual accord, to regulate the conditions most favourable to the development of trade and civilisation in certain regions of Africa, and to assure to all nations the advantages of free navigation on the two chief rivers of Africa flowing into the Atlantic Ocean; being desirous, on the other hand, to obviate the misunderstandings and disputes which might in future arise from new acts of occupation (prises de possession) on the coast of Africa; and concerned, at the same time, as to the means of furthering the moral and material well-being of the native populations: Have resolved, on the invitation addressed to them by the Imperial Government of Germany, in agreement with the Government of the French Republic, to meet for those purposes in Conference at Berlin, and have appointed as their Plenipotentiaries, to wit:—

His Majesty the German Emperor, King of Prussia, Otho, Prince von Bismarck, his President of the Prussian Council of Ministers, Chancellor of the Empire; Paul, Count von Hatzfeldt, his Minister of State and Secretary of State for Foreign Affairs; Auguste Busch, his Acting Privy Councillor of Legation and Under-Secretary of State for Foreign Affairs; and Henri von Kusserow, Privy Councillor of Legation in the Department for Foreign Affairs;

His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, Emeric, Count Széchényi de Sárvári Felső-Vidék, Chamberlain and Acting Privy Councillor, his Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the King of the Belgians, Gabriel Auguste Count Van der Straten Ponthoz, Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia; and Auguste, Baron Lambermont, Minister of State, Envoy Extraordinary and Minister Plenipotentiary;

His Majesty the King of Denmark, Emile de Vind, Chamberlain, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the King of Spain, Don Francisco Merry y Colom, Count Benomar, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

The President of the United States of America, John A. Kasson, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at the Court of His Majesty the German Emperor, King of Prussia; and Henry S. Sanford, ex-Minister;

The President of the French Republic, Alphonse, Baron de Courcel, Ambassador Extraordinary and Plenipotentiary of France at the Court of His Majesty the German Emperor, King of Prussia;

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Edward Baldwin Malet, her Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the King of Italy, Edward, Count de Launay, his Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the King of the Netherlands, Grand Duke of Luxembourg, Frederic Philippe, Jonkheer Van der Hoeven, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the King of Portugal and the Algarves, etc., Da Serra Gomes, Marquis de Penafiel, Peer of the Realm, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia; and Antoine de Serpa Pimentel, Councillor of State and Peer of the Realm;

His Majesty the Emperor of all the Russias, Pierre, Count Kapnist, Privy Councillor, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the King of the Netherlands;

His Majesty the King of Sweden and Norway, etc., Gillis, Baron Bildt, Lieutenant-General, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

His Majesty the Emperor of the Ottomans, Méhemed Saïd Pasha, Vézir and High Dignitary, his Envoy Extraordinary and Plenipotentiary at the Court of His Majesty the German Emperor, King of Prussia;

Who, being provided with full powers, which have been found in good and due form, have successively discussed and adopted:—

1. A Declaration relative to freedom of trade in the basin of the Congo, its embouchures and circumjacent regions, with other provisions connected therewith.

2. A Declaration relative to the Slave Trade, and the operations by sea or land which furnish slaves to that trade.

3. A Declaration relative to the neutrality of the territories comprised in the Conventional Basin of the Congo.

4. An Act of Navigation for the Congo, which, while having regard to local circumstances, extends to this river, its affluents, and the waters in its system (eaux qui leur sont assimilées), the general principles enunciated in Articles CVIII. and CXVI. of the Final Act of the Congress of Vienna, and intended to regulate, as between the Signatory Powers of that Act, the free navigation of the waterways separating or traversing several States—these said principles having since then been applied by agreement to certain rivers of Europe and America, but especially to the Danube, with the modifications stipulated by the Treaties of Paris (1856), of Berlin (1878), and of London (of 1871 and 1883).

5. An Act of Navigation for the Niger, which, while likewise having regard to local circumstances, extends to this river and its affluents the same principles as set forth in Articles CVIII. and CXVI. of the Final Act of the Congress of Vienna.

6. A Declaration introducing into international relations certain uniform rules with reference to future occupations on the coasts of the African Continent.

And deeming it expedient that all these several documents should be combined into one single instrument, they (the Signatory Powers) have collected them into one General Act, composed of the following Articles:

Chapter I.—Declaration relative to Freedom of Trade in the Basin of the Congo, its Mouths, and circumjacent Regions, with other Provisions connected therewith.

Article 1. The trade of all nations shall enjoy complete freedom—

1. In all the regions forming the basin of the Congo and its outlets. This basin is bounded by the watersheds (or mountain ridges) of the adjacent basins, namely, in particular, those of the Niara, the Ogowé, the Schari, and the Nile, on the north; by the eastern watershed line of the affluents of Lake Tanganyika, on the east; and by the watersheds of the basins of the Zambesi and the Logé, on the south. It therefore comprises all the regions watered by the Congo and its affluents, including Tanganyika, with its eastern tributaries.

2. In the maritime zone extending along the Atlantic Ocean from the parallel situated in 2° 30´ of south latitude to the mouth of the Logé.

The northern boundary will follow the parallel situated in 2° 30´ from the coast to the point where it meets the geographical basin of the Congo, avoiding the basin of the Ogowé, to which the provisions of the present Act do not apply.

The southern boundary will follow the course of the Logé to its source, and thence pass eastwards till it joins the geographical basin of the Congo.

3. In the zone stretching eastwards from the Congo Basin, as above defined, to the Indian Ocean from the 5° of north latitude to the mouth of the Zambesi in the south, from which point the line of demarcation will ascend the Zambesi to five miles above its confluence with the Shire, and then follow the watershed between the affluents of Lake Nyassa and those of the Zambesi, till at last it reaches the watershed between the waters of the Zambesi and the Congo.

It is expressly recognised that in extending the principle of free trade to this eastern zone the Conference Powers only undertake engagements for themselves, and that in the territories belonging to an independent Sovereign State this principle shall only be applicable in so far as it is approved by such State. But the Powers agree to use their good offices with the Governments established on the African shore of the Indian Ocean for the purpose of obtaining such approval, and in any case of securing the most favourable conditions to the transit (traffic) of all nations.

Article 2. All flags, without distinction of nationality, shall have free access to the whole of the coast-line of the territories above enumerated, to the rivers there running into the sea, to all the waters of the Congo and its affluents, including the lakes, and to all the ports situate on the banks of these waters, as well as to all canals which may in future be constructed with intent to unite the watercourses or lakes within the entire area of the territories described in Article 1. Those trading under such flags may engage in all sorts of transport, and carry on the coasting trade by sea and river, as well as boat traffic, on the same footing as if they were subjects.

Article 3. Wares, of whatever origin, imported into those regions, under whatsoever flag, by sea or river, or overland, shall be subject to no other taxes than such as may be levied as fair compensation for expenditure in the interest of trade, and which for this reason must be equally borne by the subjects themselves and by foreigners of all nationalities. All differential dues on vessels, as well as on merchandise, are forbidden.

Article 4. Merchandise imported into those regions shall remain free from import and transit dues.

The Powers reserve to themselves to determine after the lapse of twenty years whether this freedom of import shall be retained or not.

Article 5. No Power which exercises or shall exercise sovereign rights in the above-mentioned regions shall be allowed to grant therein a monopoly or favour of any kind in matters of trade.

Foreigners, without distinction, shall enjoy protection of their persons and property, as well as the right of acquiring and transferring movable and immovable possessions; and national rights and treatment in the exercise of their professions.

Article 6. Provisions relative to Protection of the Natives, of Missionaries and Travellers, as well as relative to Religious Liberty.—All the Powers exercising sovereign rights or influence in the aforesaid territories bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their moral and material well-being, and to help in suppressing slavery, and especially the Slave Trade. They shall, without distinction of creed or nation, protect and favour all religious, scientific, or charitable institutions, and undertakings created and organised for the above ends, or which aim at instructing the natives and bringing home to them the blessings of civilisation.

Christian missionaries, scientists, and explorers, with their followers, property, and collections, shall likewise be the objects of especial protection.

Freedom of conscience and religious toleration are expressly guaranteed to the natives, no less than to subjects and to foreigners. The free and public exercise of all forms of Divine worship, and the right to build edifices for religious purposes, and to organise religious missions belonging to all creeds, shall not be limited or fettered in any way whatsoever.

Article 7. Postal Régime.—The Convention of the Universal Postal Union, as revised at Paris the 1st June, 1878, shall be applied to the Conventional Basin of the Congo.

The Powers who therein do or shall exercise rights of sovereignty or protectorate engage, as soon as circumstances permit them, to take the measures necessary for the carrying out of the preceding provision.

Article 8. Right of Surveillance vested in the International Navigation Commission of the Congo.—In all parts of the territory had in view by the present Declaration, where no Power shall exercise rights of sovereignty or protectorate, the International Navigation Commission of the Congo, instituted in virtue of Article 17, shall be charged with supervising the application of the principles proclaimed and perpetuated (consacrés) by this Declaration.

In all cases of difference arising relative to the application of the principles established by the present Declaration, the Governments concerned may agree to appeal to the good offices of the International Commission, by submitting to it an examination of the facts which shall have occasioned these differences.

Chapter II.—Declaration relative to the Slave Trade

Article 9. Seeing that trading in slaves is forbidden in conformity with the principles of international law as recognised by the Signatory Powers, and seeing also that the operations which by sea or land furnish slaves to trade ought likewise to be regarded as forbidden, the Powers which do or shall exercise sovereign rights or influence in the territories forming the Conventional Basin of the Congo declare that these territories may not serve as a market or means of transit for the trade in slaves, of whatever race they may be. Each of the Powers binds itself to employ all the means at its disposal for putting an end to this trade and for punishing those who engage in it.

Chapter III.—Declaration relative to the Neutrality of the Territories comprised in the Conventional Basin of the Congo

Article 10. In order to give a new guarantee of security to trade and industry, and to encourage, by the maintenance of peace, the development of civilisation mentioned in Article 1, and placed under the free trade system, the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to respect the neutrality of the territories, or portions of territories, belonging to the said countries, comprising therein the territorial waters, so long as the Powers which exercise or shall exercise the rights of sovereignty or protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfil the duties which neutrality requires.

Article 11. In case a Power exercising rights of sovereignty or protectorate in the countries mentioned in Article 1, and placed under the free trade system, shall be involved in a war, then the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to lend their good offices in order that the territories belonging to this Power and comprised in the Conventional free trade zone shall, by the common consent of this Power and of the other belligerent or belligerents, be placed during the war under the rule of neutrality, and considered as belonging to a non-belligerent State, the belligerents thenceforth abstaining from extending hostilities to the territories thus neutralised, and from using them as a base for warlike operations.

Article 12. In case a serious disagreement originating on the subject of, or in the limits of, the territories mentioned in Article 1 and placed under the free trade system, shall arise between any Signatory Powers of the present Act, or the Powers which may become parties to it, these Powers bind themselves, before appealing to arms, to have recourse to the mediation of one or more of the friendly Powers.

In a similar case the same Powers reserve to themselves the option of having recourse to arbitration.

Chapter IV.—Act of Navigation for the Congo

Article 13. The navigation of the Congo, without excepting any of its branches or outlets, is, and shall remain, free for the merchant ships of all nations equally, whether carrying cargo or ballast, for the transport of goods or passengers. It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance thereof.

In the exercise of this navigation the subjects and flags of all nations shall in all respects be treated on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Congo and vice versâ, but also for the great and small coasting trade, and for boat traffic on the course of the river.

Consequently, on all the course and mouths of the Congo there will be no distinction made between the subjects of Riverain States and those of non-Riverain States, and no exclusive privilege of navigation will be conceded to companies, corporations, or private persons whatsoever.

These provisions are recognised by the Signatory Powers as becoming henceforth a part of international law.

Article 14. The navigation of the Congo shall not be subject to any restriction or obligation which is not expressly stipulated by the present Act. It shall not be exposed to any landing dues, to any station or depôt tax, or to any charge for breaking bulk, or for compulsory entry into port.

In all the extent of the Congo the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting-place or destination.

There shall be levied no maritime or river toll based on the mere fact of navigation, nor any tax on goods aboard of ships. There shall only be levied taxes or duties having the character of an equivalent for services rendered to navigation itself, to wit:

1. Harbour dues on certain local establishments, such as wharves, warehouses, etc., if actually used.

The tariff of such dues shall be framed according to the cost of constructing and maintaining the said local establishments; and it will be applied without regard to whence vessels come or what they are loaded with.

2. Pilot dues for those stretches of the river where it may be necessary to establish properly qualified pilots.

The tariff of these dues shall be fixed and calculated in proportion to the service rendered.

3. Charges raised to cover technical and administrative expenses incurred in the general interest of navigation, including lighthouse, beacon, and buoy duties.

The last-mentioned dues shall be based on the tonnage of vessels as shown by the ship’s papers, and in accordance with the rules adopted on the Lower Danube.

The tariffs by which the various dues and taxes enumerated in the three preceding paragraphs shall be levied shall not involve any differential treatment, and shall be officially published at each port.

The Powers reserve to themselves to consider, after the lapse of five years, whether it may be necessary to revise, by common accord, the above-mentioned tariffs.

Article 15. The affluents of the Congo shall in all respects be subject to the same rules as the river of which they are tributaries.

And the same rules shall apply to the streams and river as well as the lakes and canals in the territories defined in paragraphs 2 and 3 of Article 1.

At the same time the powers of the International Commission of the Congo will not extend to the said rivers, streams, lakes, and canals unless with the assent of the States under whose sovereignty they are placed. It is well understood, also, that with regard to the territories mentioned in paragraph 3 of Article 1, the consent of the Sovereign States owning these territories is reserved.

Article 16. The roads, railways, or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfection of the river route on certain sections of the course of the Congo, its affluents, and other waterways placed under a similar system, as laid down in Article 15, shall be considered, in their quality of means of communication, as dependencies of this river, and as equally open to the traffic of all nations.

And as on the river itself, so there shall be collected on these roads, railways, and canals only tolls calculated on the cost of construction, maintenance, and management, and on the profits due to the promoters.

As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality.

Article 17. There is instituted an International Commission, charged with the execution of the provisions of the present Act of Navigation.

The Signatory Powers of this Act, as well as those who may subsequently adhere to it, may always be represented on the said Commission, each by one Delegate. But no Delegate shall have more than one vote at his disposal, even in the case of his representing several Governments.

This Delegate will be directly paid by his Government. As for the various agents and employees of the International Commission, their remuneration shall be charged to the amount of the dues collected in conformity with paragraphs 2 and 3 of Article 14.

The particulars of the said remuneration, as well as the number, grade, and powers of the agents and employees, shall be entered in the Returns to be sent yearly to the Governments represented on the International Commission.

Article 18. The members of the International Commission, as well as its appointed agents, are invested with the privileges of inviolability in the exercise of their functions. The same guarantee shall apply to the offices and archives of the Commission.

Article 19. The International Commission for the Navigation of the Congo shall be constituted as soon as five of the Signatory Powers of the present General Act shall have appointed their Delegates. And pending the constitution of the Commission the nomination of these Delegates shall be notified to the Imperial Government of Germany, which will see to it that the necessary steps are taken to summon the meeting of the Commission.

The Commission will at once draw up Navigation, River Police, Pilot, and Quarantine Rules.

These Rules, as well as the tariffs to be framed by the Commission, shall, before coming into force, be submitted for approval to the Powers represented on the Commission. The Powers interested will have to communicate their views with as little delay as possible.

Any infringements of these Rules will be checked by the agents of the International Commission wherever it exercises direct authority, and elsewhere by the Riverain Power.

In the case of an abuse of power, or an act of injustice, on the part of any agent or employee of the International Commission, the individual who considers himself to be aggrieved in his person or rights may apply to the Consular Agent of his country. The latter will examine his complaint, and if he finds it primâ facie reasonable, he will then be entitled to bring it before the Commission. At his instance then, the Commission, represented by at least three of its members, shall in conjunction with him inquire into the conduct of its agent or employee. Should the Consular Agent look upon the decision of the Commission as raising questions of law (objections de droit), he will report on the subject to his Government, which may then have recourse to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission.

Article 20. The International Commission of the Congo, charged in terms of Article 17 with the execution of the present Act of Navigation, shall in particular have power—

1. To decide what works are necessary to assure the navigability of the Congo in accordance with the needs of international trade.

On those sections of the river where no Power exercises sovereign rights, the International Commission will itself take the necessary measures for assuring the navigability of the river.

On those sections of the river held by a Sovereign Power, the International Commission will concert its action (s’entendra) with the riparian authorities.

2. To fix the pilot tariff and that of the general navigation dues as provided for by paragraphs 2 and 3 of Article 14.

The tariffs mentioned in the first paragraph of Article 14 shall be framed by the territorial authorities within the limits prescribed in the said Article.

The levying of the various dues shall be seen to by the international or territorial authorities on whose behalf they are established.

3. To administer the revenue arising from the application of the preceding paragraph (2).

4. To superintend the quarantine establishment created in virtue of Article 24.

5. To appoint officials for the general service of navigation, and also its own proper employees.

It will be for the territorial authorities to appoint Sub-Inspectors on sections of the river occupied by a Power, and for the International Commission to do so on the other sections.

The Riverain Power will notify to the International Commission the appointment of Sub-Inspectors, and this Power will undertake the payment of their salaries.

In the exercise of its functions as above defined and limited, the International Commission will be independent of the territorial authorities.

Article 21. In the accomplishment of its task the International Commission may, if need be, have recourse to the war-vessels of the Signatory Powers of this Act, and of those who may in future accede to it, under reserve, however, of the instructions which may be given to the Commanders of their vessels by their respective Governments.

Article 22. The war vessels of the Signatory Powers of this Act that may enter the Congo are exempt from payment of the navigation dues provided for in paragraph 3 of Article 14; but unless their intervention has been called for by the International Commission or its agents, in terms of the preceding Article, they shall be liable to the payment of the pilot or harbour dues which may eventually be established.

Article 23. With the view of providing for the technical and administrative expenses which it may incur, the International Commission created by Article 17 may, in its own name, negotiate loans to be exclusively guaranteed by the revenues raised by the said Commission.

The decisions of the Commission dealing with the conclusion of a loan must be come to by a majority of two thirds. It is understood that the Governments represented on the Commission shall not in any case be held as assuming any guarantee, or as contracting any engagement or joint liability (solidarité) with respect to the said loans, unless under special Conventions concluded by them to this effect.

The revenue yielded by the dues specified in paragraph 3 of Article 14 shall bear, as a first charge, the payment of the interest and sinking fund of the said loans, according to agreement with the lenders.

Article 24. At the mouth of the Congo there shall be founded, either on the initiative of the Riverain Powers, or by the intervention of the International Commission, a quarantine establishment for the control of vessels passing out of as well as into the river.

Later on, the Powers will decide whether and on what conditions a sanitary control shall be exercised over vessels engaged in the navigation of the river itself.

Article 25. The provisions of the present Act of Navigation shall remain in force in time of war. Consequently all nations, whether neutral or belligerent, shall always be free, for the purposes of trade, to navigate the Congo, its branches, affluents, and mouths, as well as the territorial waters fronting the embouchure of the river.

Traffic will similarly remain free, despite a state of war, on the roads, railways, lakes, and canals mentioned in Articles 15 and 16.

There will be no exception to this principle except in so far as concerns the transport of articles intended for a belligerent and, in virtue of the law of nations, regarded as contraband of war.

All the works and establishments created in pursuance of the present Act, especially the tax-collecting offices and their treasuries, as well as the permanent service staff of these establishments, shall enjoy the benefits of neutrality (places sous le régime de la neutralité), and shall therefore be respected and protected by belligerents.

Chapter V.—Act of Navigation for the Niger

Article 26. The navigation of the Niger, without excepting any of its branches and outlets, is and shall remain entirely free for the merchant-ships of all nations equally, whether with cargo or ballast, for the transportation of goods and passengers. It shall be regulated by the provisions of this Act of Navigation, and by the rules to be made in pursuance of this Act.

In the exercise of this navigation the subjects and flags of all nations shall be treated, in all circumstances, on a footing of perfect equality, not only for the direct navigation from the open sea to the inland ports of the Niger and vice versâ, but for the great and small coasting trade, and for boat trade on the course of the river.

Consequently, on all the course and mouths of the Niger there will be no distinction made between the subjects of the Riverain States and those of non-Riverain States; and no exclusive privilege of navigation will be conceded to companies, corporations, or private persons.

These provisions are recognised by the Signatory Powers as forming henceforth a part of international law.

Article 27. The navigation of the Niger shall not be subject to any restriction or obligation based merely on the fact of navigation.

It shall not be exposed to any obligation in regard to landing, station, or depôt, or for breaking bulk, or for compulsory entry into port.

In all the extent of the Niger the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting-place or destination.

No maritime or river toll shall be levied based on the sole fact of navigation, nor any tax on goods on board of ships. There shall only be collected taxes or duties which shall be an equivalent for services rendered to navigation itself. The tariff of these taxes or duties shall not warrant any differential treatment.

Article 28. The affluents of the Niger shall be in all respects subject to the same rules as the river of which they are tributaries.

Article 29. The roads, railways, or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfections of the river route on certain sections of the course of the Niger, its affluents, branches, and outlets, shall be considered, in their quality of means of communication, as dependencies of this river and as equally open to the traffic of all nations.

And as on the river itself, so there shall be collected on these roads, railways, and canals only tolls calculated on the cost of construction, maintenance, and management, and on the profits due to the promoters.

As regards the tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality.

Article 30. Great Britain undertakes to apply the principles of freedom of navigation enunciated in Articles 26, 27, 28, and 29, on so much of the waters of the Niger, its affluents, branches, and outlets, as are or may be under her sovereignty or protection.

The rules which she may establish for the safety and control of navigation shall be drawn up in a way to facilitate, as far as possible, the circulation of merchant-ships.

It is understood that nothing in these obligations shall be interpreted as hindering Great Britain from making any rules of navigation whatever which shall not be contrary to the spirit of these engagements.

Great Britain undertakes to protect foreign merchants and all the trading nationalities on all those portions of the Niger which are or may be under her sovereignty or protection as if they were her own subjects, provided always that such merchants conform to the rules which are or shall be made in virtue of the foregoing.

Article 31. France accepts, under the same reservations, and in identical terms, the obligations undertaken in the preceding Articles in respect of so much of the waters of the Niger, its affluents, branches, and outlets, as are or may be under her sovereignty or protection.

Article 32. Each of the other Signatory Powers binds itself in the same way, in case it should ever exercise in the future rights of sovereignty or protection over any portion of the waters of the Niger, its affluents, branches, or outlets.

Article 33. The arrangements of the present Act of Navigation will remain in force in time of war. Consequently, the navigation of all neutral or belligerent nations will be in all times free for the usages of commerce on the Niger, its branches, its affluents, its mouths, and outlets, as well as on the territorial waters opposite the mouths and outlets of that river.

The traffic will remain equally free in spite of a state of war on the roads, railways, and canals mentioned in Article 29.

There will be an exception to this principle only in that which relates to the transport of articles destined for a belligerent and considered, in virtue of the law of nations, as articles of contraband of war.

Chapter VI.—Declaration relative to the essential Conditions to be observed in order that new Occupations on the Coasts of the African Continent may be held to be effective

Article 34. Any Power which henceforth takes possession of a tract of land on the coasts of the African Continent outside of its present possessions, or which, being hitherto without such possessions, shall acquire them, as well as the Power which assumes a protectorate there, shall accompany the respective act with a notification thereof, addressed to the other Signatory Powers of the present Act, in order to enable them, if need be, to make good any claims of their own.

Article 35. The Signatory Powers of the present Act recognise the obligation to ensure the establishment of authority in the regions occupied by them on the coasts of the African Continent sufficient to protect existing rights, and, as the case may be, freedom of trade and of transit under the conditions agreed upon.

Chapter VII.—General Dispositions

Article 36. The Signatory Powers of the present General Act reserve to themselves to introduce into it subsequently, and by common accord, such modifications and improvements as experience may show to be expedient.

Article 37. The Powers who have not signed the present General Act shall be free to adhere to its provisions by a separate instrument.

The adhesion of each Power shall be notified in diplomatic form to the Government of the German Empire, and by it in turn to all the other Signatory or adhering Powers.

Such adhesion shall carry with it full acceptance of all the obligations as well as admission to all the advantages stipulated by the present General Act.

Article 38. The present General Act shall be ratified with as little delay as possible, the same in no case to exceed a year.

It will come into force for each Power from the date of its ratification by that Power.

Meanwhile, the Signatory Powers of the present General Act bind themselves not to take any steps contrary to its provisions.

Each Power will address its ratification to the Government of the German Empire, by which notice of the fact will be given to all the other Signatory Powers of the present Act.

The ratifications of all the Powers will be deposited in the archives of the Government of the German Empire. When all the ratifications shall have been sent in, there will be drawn up a Deposit Act, in the shape of a Protocol, to be signed by the Representatives of all the Powers which have taken part in the Conference of Berlin, and of which a certified copy will be sent to each of those Powers.

In testimony whereof the several Plenipotentiaries have signed the present General Act and have affixed thereto their seals.

Done at Berlin the 26th day of February, 1885.

(Here follow the signatures of the Plenipotentiaries in
the order of their names in the preamble.)

THE TEXT OF THE DECLARATIONS AND TREATIES BETWEEN THE INTERNATIONAL ASSOCIATION OF THE CONGO AND ITS NEIGHBOURS, GERMANY, GREAT BRITAIN, FRANCE, AND PORTUGAL. ALSO ITS DECLARATION EXCHANGED WITH BELGIUM.

On 8th November, 1884, a convention was concluded between the German Empire and the Association. The following are its terms:

Article 1. The International Association of the Congo engages not to levy any duty on articles or merchandise imported directly or in transit into its present or future possessions in the basins of the Congo and the Niadi-Kwilu, or into its possessions situated on the Atlantic Ocean. This exemption from duties especially applies to merchandise and articles of commerce which are carried by the roads made round the cataracts of the Congo.

Article 2. The subjects of the German Empire shall have the right of sojourning and of establishing themselves on the territories of the Association. They shall be treated on the same footing as the subjects of the most favoured nation, including the inhabitants of the country, so far as concerns the protection of their persons and possessions, the free exercise of their religion, the recognition and defence of their rights, as well as in matters of navigation, trade, or manufactures.

Especially, they shall have the right of buying, selling, and leasing lands and buildings situated in the territories of the Association, of establishing commercial houses, and carrying on trade or the coasting trade under the German flag.

Article 3. The Association engages never to grant any privileges whatsoever to the subjects of any other nation without their being immediately extended to German subjects.

Article 4. In the event of the cession of the present or future territory of the Association, or of any part of it, the obligations contracted by the Association towards the German Empire shall be transferred to the occupier. These obligations and the rights granted by the Association to the German Empire and its subjects shall remain in force after every cession as far as regards each new occupier.

Article 5. The German Empire recognises the flag of the Association—a blue flag with a golden star in the centre—as that of a friendly State.

Article 6. The German Empire is ready on its part to recognise the frontiers of the territory of the Association and of the new State which is to be created, as they are shown in the annexed Map.

Article 7. This Convention shall be ratified and the ratifications shall be exchanged with the least possible delay.

This Convention shall come into force immediately after the exchange of the ratifications.

Done at Berlin the 8th November, 1884.

(Signed) Count v. Brandenbourg.
Strauch.

On 16th December, 1884, Great Britain and the International Association of the Congo exchanged declarations and concluded a Convention. The following is the declaration of the Association:

The International Association of the Congo, founded by His Majesty the King of the Belgians for the purpose of promoting the civilisation and commerce of Africa, and for other humane and benevolent purposes, hereby declares as follows:—

Article 1. That by Treaties with the legitimate Sovereigns in the basins of the Congo and of the Niadi-Kwilu, and in adjacent territories upon the Atlantic, there has been ceded to it territory for the use and benefit of Free States established, and being established, in the said basins and adjacent territories.

Article 2. That by virtue of the said Treaties, the administration of the interests of the said Free States is vested in the Association.

Article 3. That the Association has adopted as its standard, and that of the said Free States, a blue flag with a golden star in the centre.

Article 4. That with a view of enabling commerce to penetrate into Equatorial Africa, the Association and the said Free States have resolved to levy no customs duties upon goods or articles of merchandise imported directly into their territories or brought by the route which has been constructed around the cataracts of the Congo.

Article 5. That the Association and the said Free States guarantee to foreigners established in their territories the free exercise of their religion, the rights of navigation, commerce, and industry, and the right of buying, selling, letting, and hiring lands, buildings, mines, and forests, on the sole condition that they shall obey the laws.

Article 6. That the Association and the said free States will do all in their power to prevent the Slave Trade and to suppress slavery.

Done at Berlin, the 16th December, 1884.

(On behalf of the Association),
(Signed) Strauch.

The declaration of the British Government was as follows:

The Government of Her Britannic Majesty declare their sympathy with, and approval of, the humane and benevolent purposes of the Association, and hereby recognise the flag of the Association, and of the Free States under its administration, as the flag of a friendly Government.

(On behalf of Her Majesty’s Government),
Edward B. Malet.

The Convention itself was couched in the following terms:

Whereas the Government of Her Britannic Majesty have recognised the flag of the International Association of the Congo, and of the Free States under its administration, as the flag of a friendly Government;

And whereas it is expedient to regulate and define the rights of British subjects in the territories of the said Free States, and to provide for the exercise of civil and criminal jurisdiction over them, in manner hereinafter mentioned, until sufficient provision shall have been made by the Association for the administration of justice among foreigners;

It is hereby agreed as follows:—

Article 1. The International Association of the Congo undertakes not to levy any duty, import or transit, on articles or merchandise imported by British subjects into the said territories, or into any territory which may hereafter come under its government. This freedom from custom-house duties shall extend to merchandise and articles of commerce which shall be transported along the roads or canals constructed, or to be constructed, around the cataracts of the Congo.

Article 2. British subjects shall have at all times the right of sojourning and of establishing themselves within the territories which are or shall be under the Government of the said Association. They shall enjoy the same protection which is accorded to the subjects or citizens of the most favoured nation in all matters which regard their persons, their property, the free exercise of their religion, and the rights of navigation, commerce, and industry. Especially they shall have the right of buying, of selling, of letting, and of hiring lands and buildings, mines, and forests, situated within the said territories, and of founding houses of commerce, and of carrying on commerce and a coasting trade under the British flag.

Article 3. The Association engages itself not to accord any advantages whatsoever to the subjects of any other nation without the same advantages being extended to British subjects.

Article 4. Her Majesty the Queen of Great Britain and Ireland may appoint Consuls or other Consular Officers to reside at ports or stations within the said territories, and the Association engages itself to protect them.

Article 5. Every British Consul or Consular Officer within the said territories, who shall be thereunto duly authorised by Her Britannic Majesty’s Government, may hold a Consular Court for the district assigned to him, and shall exercise sole and exclusive jurisdiction, both civil and criminal, over the persons and property of British subjects within the same, in accordance with British law.

Article 6. Nothing in the last preceding Article contained shall be deemed to relieve any British subject from the obligation to observe the laws of the said Free States applicable to foreigners, but any infraction thereof by a British subject shall be justiciable only by a British Consular Court.

Article 7. Inhabitants of the said territories who are subject to the Government of the Association, if they shall commit any wrong against the person or property of a British subject, shall be arrested and punished by the authorities of the Association according to the laws of the said Free States.

Justice shall be equitably and impartially administered on both sides.

Article 8. A British subject, having reason to complain against an inhabitant of the said territories, who is subject to the Government of the Association, must proceed to the British Consulate, and there state his grievance. The Consul shall inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if any such inhabitant of the said territories shall have reason to complain against a British subject, the British Consul shall no less listen to his complaint and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the authorities of the Association to examine into the merits of the case and decide it equitably.

Article 9. Should any inhabitant of the said territories, who is subject to the Government of the Association, fail to discharge any debt incurred to a British subject, the authorities of the Association will do their utmost to bring him to justice, and to enforce recovery of the said debt; and should any British subject fail to discharge a debt incurred by him to any such inhabitant, the British authorities will in like manner do their utmost to bring him to justice, and to enforce recovery of the debt. No British Consul nor any authority of the Association is to be held responsible for the payment of any debt contracted either by a British subject or, by any inhabitant of the said territories, who is subject to the Government of the Association.

Article 10. In case of the Association being desirous to cede any portion of the territory now or hereafter under its Government, it shall not cede it otherwise than as subject to all the engagements contracted by the Association under this Convention. Those engagements, and the rights thereby accorded to British subjects, shall continue to be in vigour after every cession made to any new occupant of any portion of the said territory.

This Convention shall, be ratified, and the ratifications shall be exchanged with the least possible delay. It shall come into operation immediately upon the exchange of ratifications.

Done at Berlin the 16th December, 1884.

(Signed) Edward B. Malet.
Strauch.

On 5th February, 1885, was concluded a Convention with the French Republic.

Article 1. The International Association of the Congo hereby declares that it extends to France the privileges it has conceded to the United States of America, the German Empire, England, Italy, Austria-Hungary, the Netherlands, and Spain, in virtue of the Conventions which it concluded with those Powers respectively on the 22nd April, 8th November, 16th, 19th, 24th, and 29th December, 1884, and 7th January, 1885, the text of which is annexed to the present Convention.

Article 2. The Association engages moreover never to grant any privileges whatever to the subjects of any other nation without their being immediately extended to French citizens.

Article 3. The Government of the French Republic and the Association adopt as frontiers between their possessions:—

The River Chiloango from the ocean to its northernmost source;

The water-parting of the waters of the Niadi Quilloo and the Congo as far as beyond the meridian of Manyanga;

A line to be settled, which, following as far as possible some natural division of the land, shall end between the station of Manyanga and the cataract of the Ntombo Mataka, at a point situated on the navigable portion of the river;

The Congo up to Stanley Pool;

The centre of Stanley Pool;

The Congo up to a point to be settled above the River Licona-Nkundja;

A line to be settled from that point to the 17th degree of longitude east of Greenwich, following, as closely as possible, the water-parting of the basin of the Licona-Nkundja, which is part of the French possessions;

The 17th degree of longitude east of Greenwich.

Article 4. A Commission, composed of an equal number on each side of Representatives of the two parties, shall be intrusted with the duty of marking out on the spot a frontier-line in conformity with the preceding stipulations. In case of a difference of opinion, the question shall be settled by Delegates, who shall be named by the International Commission of the Congo.

Article 5. Subject to the arrangements to be made between the International Association of the Congo and Portugal as to the territories situated to the south of the Chiloango, the Government of the French Republic is disposed to recognise the neutrality of the possessions of the International Association comprised within the frontiers marked on the annexed Map, conditionally upon discussing and regulating the conditions of such neutrality in common with the other Powers represented at the Berlin Conference.

Article 6. The Government of the French Republic recognises the flag of the International Association of the Congo—a blue flag with a golden star in the centre—as the flag of a friendly Government.

In testimony whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereunto their seals.

Done at Paris the 5th February, 1885.

(L. S.) (Signed) Jules Ferry.
(L. S.) (Signed) Comte Paul de Borchgrave d’Altena.

The Convention concluded with Portugal is dated 14th February, 1885.

Article 1. The International Association of the Congo hereby declares that it extends to Portugal the privileges it has conceded to the United States of America, the German Empire, England, Italy, Austria-Hungary, the Netherlands, Spain, France, and the United Kingdoms of Sweden and Norway, in virtue of the Conventions which it concluded with the Powers respectively on the 22nd April, 8th November, 16th, 19th, 24th, and 29th December, 1884, 7th January and 5th and 10th February, 1885, certified copies of which the Association engages to transmit to the Government of His Most Faithful Majesty.

Article 2. The International Association of the Congo engages moreover never to grant any privileges whatsoever to the subjects of any other nation without their being immediately extended to the subjects of His Most Faithful Majesty.

Article 3. The International Association of the Congo and His Most Faithful Majesty the King of Portugal and the Algarves adopt the following frontiers between their possessions in West Africa, namely:—

To the north of the River Congo (Zaire) the right frontier joining the mouth of the river which empties itself into the Atlantic Ocean, to the south of the Bay of Kabinda, near Ponta Vermelha, at Cabo-Lombo;

The parallel of this latter point prolonged till it intersects the meridian of the junction of the Culacalla with the Luculla;

The meridian thus fixed until it meets the River Luculla;

The course of the Luculla to its junction with the Chiloango (Luango Luce);

The course of the Congo (Zaire) from its mouth to its junction with the little River Uango-Uango;

The meridian which passes by the mouth of the little River Uango-Uango between the Dutch and Portuguese factories, so as to leave the latter in Portuguese territory, till this meridian touches the parallel of Nokki;

The parallel of Nokki till the point where it intersects the River Kuango (Cuango);

From this point, in a southerly direction, the course of the Kuango (Cuango).

Article 4. A Commission, composed of an equal number on each side of Representatives of the two sides, shall be intrusted with the duty of marking out on the spot a frontier-line in conformity with the preceding stipulations. In case of a difference of opinion, the question shall be settled by Delegates who shall be named by the International Commission of the Congo.

Article 5. His Most Faithful Majesty the King of Portugal and the Algarves is inclined to recognise the neutrality of the possessions of the International Association of the Congo, conditionally upon discussing and regulating the conditions of such neutrality in common with the other Powers represented at the Berlin Conference.

Article 6. His Most Faithful Majesty the King of Portugal and the Algarves recognises the flag of the International Association of the Congo—a blue flag with a golden star in the centre—as the flag of a friendly Government.

Article 7. The present Convention shall be ratified, and the ratifications shall be exchanged at Paris within three months, or a shorter time if possible.

In testimony of which the Plenipotentiaries of the two Contracting Parties, as well as his Excellency Baron de Courcel, Ambassador Extraordinary and Plenipotentiary of France at Berlin, as representing the mediatory Power, have signed and affixed their seal to the present Convention.

Done in triplicate at Berlin this 14th day of the month of February, 1885.

(Signed) Strauch.
Marquis de Pénafiel.
Alph. de Courcel.

Declarations were exchanged between the Belgian Government and the Association on 25th February, 1885.

The International Association of the Congo declares by these presents that, by Treaties concluded with the legitimate Sovereigns in the basin of the Congo and its tributaries, vast territories have been ceded to it with all the rights of sovereignty, with a view to the creation of a free and independent State; that Conventions mark off the frontiers of the territories of the Association from those of France and Portugal, and that the frontiers of the Association are shown on the annexed Map;

That the said Association has adopted as the flag of the State administered by it a blue flag with a golden star in the centre;

That the said Association has resolved not to levy any customs duties on goods or products imported into its territories or carried by the road which has been made round the cataracts of the Congo; this resolution has been adopted to assist commerce to penetrate into Equatorial Africa;

That it insures foreigners who may establish themselves in its territories the right of buying, selling, or leasing lands and buildings therein situated, of establishing commercial houses, and carrying on trade under the sole condition of obeying the law. It engages, moreover, never to grant the citizens of one nation any privilege whatever without immediately extending it to the citizens of all other nations, and to do all in its power to prevent the Slave Trade.

In testimony of which the President of the Association, acting in its behalf, has hereunto affixed his seal and signature.

Berlin, the 23rd day of February, 1885.

(Signed) Strauch.

The Belgian Government takes note of the declarations of the International Association of the Congo, and by these presents recognises the Association within the limits indicated by it, and recognises its flag as on an equality with that of a friendly State.

In testimony of which the Undersigned, being duly authorised thereto, have hereunto affixed their seal and signature.

Berlin, the 23rd day of February, 1885.

(Signed) Comte Auguste van der Straten-Ponthoz.
Baron Lambermont.