The story of the Congo Free State

by Henry Wellington Wack

Still it is necessary to remark that he may employ coercive and repressive measures to ensure, as chief, and within the limits of his power according to custom, the execution of his orders.

But this sanction itself would be contrary to public order if its character differed from our ideas of what repression should be, more especially if it were accompanied by torture, mutilation, or other acts of cruelty, or if it were surrounded with superstitious practices, such as the proof by poison; in a word, if it were really to run counter to our ideas of humanity and the civilising object of the State.

Corporal punishments, similar to those employed by the State and in a similar measure to what is employed by it, inflicted by the native chief according to custom, would evidently not be contrary to public order.

Such are the regulations set forth in a general way which govern the 258 recognised native chiefs in their participation with the political life of the State.

These instructions recommend to the territorial authorities “continual relations with the native chiefs, incessant instructions and recommendations, a direction and control without interruption, and a moral and material support in order to maintain and increase the chief’s authority with a similar object,” and to the judicial authorities “an intervention marked by prudence in order not to diminish uselessly the chief’s authority, and not to destroy, or even weaken, the influence that he should have, and of which the Government means to make use for the spread of civilisation.”

The care of maintaining intact and of developing the principle of the chief’s authority might perhaps one day be carried farther. It would indeed be permissible to wish that, in the future, all the decisions of an administrative and judicial character, passed by the European authorities themselves, should be executed by the intermediary of the recognised chief; in other words, the native would receive orders only from his natural chief.

This measure, when it becomes possible, will produce the best results with regard to order and discipline, the natives being less inclined to rebel against the orders of the chief whom they have freely chosen.

In order to avoid the abuse which might result from ignorance of our laws, and to make the native chief acquainted with his rights, there should be attached to the procés verbaux of investitute of the chiefs a protocol setting forth the penalties that it will be permissible for the local authorities to continue to apply, as in the past, with a specific mention of the offences subject to their jurisdiction.

They will be made acquainted with this act on their investiture, at the same time as they are instructed as to the general obligations imposed on them by the State, and which should also figure in the document in question.

All that precedes evidently relates only to native chiefs properly so-called, and not to the present sultans who, as prescribed by the Government’s instructions, must not have the authority which they at present possess increased.