TREATY OF VIVI
M. August Sparhawk, agent of the International Expedition of the Upper Congo, acting in the name and for the account of the Comité d’Études, of the Lower Congo, and Vivi Mavungu, Vivi Mku, Ngusu Mpanda, Benzane Congo, Kapita, have come together the 13th of June, 1880, at the station Vivi, in order to discuss and to decide upon certain measures of common interest.
After full examination they have arrived at the dispositions and engagements which are embodied in the present treaty, to wit:
Article I.—The aforesaid chiefs of the district of Vivi recognise that it is highly desirable that the Comité d’Études of the Congo should create and develop in their states establishments calculated to foster commerce and trade, and to assure to the country and its inhabitants the advantages which are the consequence thereof.
With this object they cede and abandon, in full property, to the Comité d’Études the territory comprised within the following limits: To the west and north and east the left banks of the river Lulu, and to the south the districts of Kolu and Congo.
Art. II.—The chiefs of the district of Vivi solemnly declare that these territories form an integral part of their states, and that they are able freely to dispose of them.
Art. III.—The cession of the territories specified in the last paragraph of Article I is consented to in consideration of a present represented by the following articles and goods to each one: A uniform coat, a cap, a coral necklace, a knife; and a monthly gift to Vivi Mavungu of two pieces of cloth; to Vivi Mku of one piece of cloth; to Ngusu Mpanda, one piece of cloth; to Benzane Congo, one piece of cloth; to Kapita, one piece of cloth.
Art. IV.—The cession of the territory includes the abandonment by them and the transfer to the Comité d’Études of all sovereign rights.
Art. V.—The Comité d’Études engages itself expressly to leave to the natives the free enjoyment of the lands which they now cultivate to supply their needs. It promises to protect them and to defend their persons and their property against aggressions and encroachments, from whatsoever side, which shall attack their individual liberty or shall seek to take away from them the fruit of their labours.
Art. VI.—The chiefs of the district of Vivi grant, besides, to the Comité d’Études—
(1) The cession of all the routes of communication now open or to be opened throughout the whole extent of their states. If the Comité deems it proper it shall have the right to establish and levy for its own profit tolls upon said routes, to defray the expenses incurred in their construction. The routes thus opened shall embrace, besides the routes properly so-called, a breadth of twenty metres right and left therefrom. This breadth constitutes part of the cession, and shall be, like the route itself, the property of the Comité d’Études.
(2) The right of trading freely with the natives who form part of their states.
(3) The right of cultivating unoccupied lands; to open up the forests; to cut trees; to gather india rubber, copal, wax, honey, and, generally, all the natural productions which are found there; to fish in the rivers and streams and water-courses, and to work the mines.
It is understood that the Comité can exercise the several rights mentioned in the third paragraph throughout the whole extent of the states of the chiefs of Vivi.
Art. VII.—The chiefs of the district of Vivi undertake to unite their forces to those of the Comité to repel attacks which may be made by intruders, no matter of what colour.
The chiefs, not knowing how to sign, have put their marks, in the presence of the witnesses hereafter designated and who have signed.
| [Seal.] | Aug. Sparhawk. |
| [Seal.] | John Kickbright. |
| [Seal.] | Frank Mahoney. |
| [Seal.] | Geoffrey. |